Reinvestment of Proceeds. Reinvestment of proceeds resulting from the sale or refinancing of a Company Asset may take place if sufficient cash will be distributed to pay federal income tax, if any (assuming investors are in a specified tax bracket) created by the sale or refinancing of such Asset. To the extent that any cash available for distribution is reinvested, such reinvested cash shall not be considered “investments” in the Company for the purposes of calculating Capital Contributions.
Reinvestment of Proceeds. If requested by Borrowers in writing within fifteen (15) days after Agent’s receipt of any insurance proceeds or condemnation awards relating to any loss or destruction of Equipment or Real Estate, Borrowers may use such proceeds or awards to repair or replace such Equipment or Real Estate (and until so used, the proceeds shall be held by Agent as Cash Collateral) as long as (i) no Default or Event of Default exists; (ii) such repair or replacement is promptly undertaken and concluded, in accordance with plans reasonably satisfactory to Agent; (iii) replacement buildings are constructed on the sites of the original casualties and are of comparable size, quality and utility to the destroyed buildings; (iv) the repaired or replaced Property is free of Liens, other than Permitted Liens that are not Purchase Money Liens; (v) Borrowers comply with disbursement procedures for such repair or replacement as Agent may reasonably require; and (vi) the aggregate amount of such proceeds or awards from any single casualty or condemnation does not exceed $150,000.
Reinvestment of Proceeds. Reinvestment of proceeds resulting from the sale or refinancing of a Company asset may take place if sufficient cash will be distributed to pay federal income tax, if any (assuming investors are in a specified tax bracket) created by the sale or refinancing of such asset. To the extent that any cash available for distribution is reinvested, such reinvested cash shall not be considered “investments” in the Company for the purposes of calculating Capital Contributions. Except as provided by the applicable provisions of Article XIV of this Agreement and by the Advisory Agreement, the Company will not pay, directly or indirectly, a commission or fee to the Sponsor in connection with the reinvestment of cash available for distribution or of the proceeds of the resale, exchange or refinancing of Company assets.
Reinvestment of Proceeds. If requested by Borrower in writing within 30 days after Lender’s receipt of any insurance proceeds or condemnation awards relating to any loss or destruction of Equipment or Real Estate, Borrower may use such proceeds or awards to repair or replace such Equipment or Real Estate (and until so used, the proceeds shall be held in a Deposit Account of Borrower at Lender subject to a Deposit Account Control Agreement) as long as (i) no Event of Default exists on the date of such request; (ii) the repaired or replaced Property is free of Liens, other than Permitted Liens that are not Purchase Money Liens; and (iii) the aggregate amount of such proceeds or awards from any single casualty or condemnation reinvested pursuant to this Section does not exceed $4,000,000.
Reinvestment of Proceeds. (i) Subject to the requirements of Section 852(a) of the Code, Recyclable Proceeds received during the Investment Period (or to the extent the Fund has entered into a binding contract to receive Recyclable Proceeds during the Investment Period, such contracted proceeds) may be used to pay down outstanding debt or may be reinvested to the extent received (or contracted to be received), or if distributed, will be added to the Members’ Remaining Capital Commitments and will be subject to drawdown in accordance with Section 5.1(b). Such Recyclable Proceeds received after the Investment Period may only be reinvested (x) (A) to make “follow-on” investments as determined by the Investment Manager in its sole discretion in order to enhance, preserve or protect the Fund’s existing Portfolio Investments (subject to a maximum amount of 15% of aggregate Capital Commitments), (B) to make Portfolio Investments which were in process (e.g., investments in respect of which a non-disclosure or similar agreement has been entered into or for which the Fund has submitted a binding or non-binding bid or indication of interest) but which were not yet consummated as of the end of the Investment Period, (C) to adjust any hedging positions as the Investment Manager may deem to be advisable, (D) in Securities in connection with the maintenance of reserves pursuant to Section 6.4(c) or pending the making of investments or transactions contemplated by this Section 6.4(b)(i), or (E) to sell an existing Portfolio Investment and purchase a new Portfolio Investment to the extent such transaction does not materially increase the overall risk profile of the Fund or materially reduce the liquidity of the Fund, all as determined by the Investment Manager in its sole discretion or (y) to the extent such proceeds constitute amounts received by the Fund pursuant to the sale of a Portfolio Investment to the Offshore Fund, other Parallel Investment Vehicles, co-investors and/or to third parties. The Fund may engage in transactions giving rise to leverage with respect to particular investments (including by refinancing or securitizing an investment) throughout the Fund’s Term (including after the Investment Period), which transactions will not constitute reinvestment or be subject to the restrictions set forth in this Section 6.4(b).
Reinvestment of Proceeds. Immediately following the sale and ------------------------ liquidation of the Pledged Securities pursuant to Section 10(b)(A) and payment to the Pledgor of the Excess pursuant to Section 10(b)(B), the Pledgor shall direct the Trustee to invest the proceeds remaining in the Pledge Account in United States Treasury securities which shall constitute Pledged Securities for the purposes of this Agreement, provided, however, that such United States Treasury securities shall be in amounts and with maturities that match the amounts of and payment dates for the installments of the Pre-Launch Insurance Premiums, as set forth in the Payment Schedule.
Reinvestment of Proceeds. The Trust may reinvest proceeds resulting from the sale or refinancing of Trust assets, provided that sufficient cash will be distributed to pay state and federal income tax, if any, (assuming investors are in a specified tax bracket as determined by the Trustees) created by the sale or refinancing of such assets.
Reinvestment of Proceeds. (1) Within 365 days after the receipt of any Net Asset Sale Proceeds or Net Insurance/Condemnation Proceeds, such Net Asset Sale Proceeds or Net Insurance/Condemnation Proceeds, as the case may be, may be used so long as no Default or Event of Default shall have occurred and be continuing, to acquire Additional Assets or to make capital expenditures in a Permitted Business of Molycorp or one or more of its Subsidiaries; provided that such Additional Assets shall be pledged as (A) First Priority Collateral, or capital expenditures invested in First Priority Collateral, to the extent the assets disposed of were First Priority Collateral, or (B) Pari Passu Collateral, or capital expenditures invested in Pari Passu Collateral, to the extent the assets disposed of were Pari Passu Collateral. Notwithstanding the foregoing, if any such pledge required pursuant to this Section 2.8(b)(iii)(1) would result in material adverse tax consequences to Molycorp or its Subsidiaries, with the prior written consent of Oaktree (such consent not to be unreasonably withheld, but it being acknowledged, for the avoidance of doubt, that it is reasonable for Oaktree to withhold its consent if the failure to effectuate such pledge could adversely affect the value or the priority of the First Priority Collateral in any material respect), such pledge shall not be required.
Reinvestment of Proceeds. If requested by Borrower in writing within 30 days after Lender’s receipt of any insurance proceeds or condemnation awards relating to any loss or destruction of Equipment or Real Estate, Borrower may use such proceeds or awards to repair or replace such Equipment or Real Estate (and until so used, the proceeds shall be held in a Deposit Account of Borrower subject to a Deposit Account Control Agreement if not otherwise held in a Deposit Account of Borrower maintained at Lender) as long as (i) no Event of Default exists on the date of such request and (ii) the repaired or replaced Property is free of Liens, other than Permitted Liens that are not Purchase Money Liens.
Reinvestment of Proceeds. Each of the Sellers shall:
