Available Amount Basket means, at any time of determination (any such time, the applicable “Reference Time”), an amount equal to, without duplication:
Available Amount Basket means, on any date of determination, the sum of (a) the Initial Restricted Payment Amount plus (b) the net proceeds received by the Borrower in connection with the issuance of, or contribution of cash in respect of existing, Qualified Equity Interests on or prior to such date (other than (1) Qualified Equity Interests issued in connection with a Cure Right and (2) intercompany equity issuances) plus (c) if the Total Leverage Ratio on a Pro Forma Basis as of the end of the most recent Test Period is not greater than 4.25:1.00, an amount equal to Cumulative Excess Cash Flow Not Otherwise Applied as of such date minus (d) the aggregate amount of the Available Amount Basket previously utilized pursuant to Sections 6.04(m), 6.08(a)(viii), 6.08(b)(iv) and the definition of the term “Non-Loan Party Investment Amount” (such amount after giving effect to clauses (a), (b), (c) and (d), the “Available Amount”).
Examples of Available Amount Basket in a sentence
If more than one action occurs on any given date the permissibility of the taking of which is determined hereunder by reference to the amount of the Available Amount Basket immediately prior to the taking of such action, the permissibility of the taking of each such action shall be determined independently and in no event may any two or more such actions be treated as occurring simultaneously.
The parties hereby acknowledge that this Section 8.04(a) may not be relied on for purposes of calculating any financial ratios other than as applicable to the Financial Covenant and shall not result in any adjustment to the Applicable Rate, the availability of any baskets, the calculation of the Available Amount Basket or other amounts other than the amount of the Consolidated EBITDA for the purpose of the Financial Covenant.
The Available Amount Basket may be used solely for Permitted Acquisitions as set forth above.
More Definitions of Available Amount Basket
Available Amount Basket means, at any date (the “Reference Date”), the sum of:
Available Amount Basket means an amount equal to (i) $100,000,000 minus (ii) the amount of (A) Permitted Debt then outstanding incurred pursuant to Section 10(a)(i)(1) or Section 10(a)(i)(22), (B) the cumulative amount of all liabilities of any Non-Guarantor Subsidiaries, including any liabilities of such Non-Guarantor Subsidiaries appearing on the balance sheet of the Parent Guarantor as of the latest date for which financial statements are available and any liabilities of any Non-Guarantor Subsidiaries to the Parent Guarantor or any other Subsidiary of the Parent Guarantor and (C) the aggregate amount of cash, Cash Equivalents and Marketable Securities held by Non-Guarantor Subsidiaries.
Available Amount Basket means, at any date (the “Reference Date”), an amount, not less than zero in the aggregate, determined on a cumulative basis equal to:
Available Amount Basket means, at any time, an amount equal to (a) the sum of (i) $150,000,000, plus (ii) the Net Cash Proceeds of issuances of Equity Interests (other than Disqualified Stock) of the Borrower at any time after the Effective Date (to the extent not used to make Restricted Payments pursuant to Section 6.07(c) or to prepay the 2015 Term Loans), plus (iii) the Retained Proceeds Amount, plus (iv) the cash proceeds of any issuance of Permitted Designated Subsidiary Indebtedness at any time after the Effective Date to the extent such proceeds are distributed to the Borrower or any of its Restricted Subsidiaries (other than any Designated Subsidiary or any subsidiary thereof), less (b) amounts that have been used prior to such time to effect voluntary Redemptions of the Existing Senior Notes or for Permitted Acquisitions, in each case in reliance on the Available Amount Basket.
Available Amount Basket means, on any date of determination, an amount equal to (a) the Cumulative Retained Excess Cash Flow Amount on such date plus (b) the Retained Designated Disposition Proceeds plus (c) the cumulative amount of cash and Cash Equivalent proceeds of new public or private issuances of Equity Interests of Holdings or any direct or indirect parent of Holdings (other than Disqualified Equity Interests and any equity contributed as a Designated Equity Contribution) that have been issued after the Closing Date to the extent the proceeds thereof are contributed to Holdings as Qualified Equity Interests, plus (d) capital contributions to Holdings made in cash or Cash Equivalents (other than Disqualified Equity Interests and any equity contributed as a Designated Equity Contribution) after the Closing Date, plus (e) the net cash proceeds received by Holdings or the Borrower from issuances of Indebtedness and Disqualified Equity Interests that have been issued after the Closing Date and which are not required to be applied pursuant to Section 2.05(b) and have been exchanged or converted into Qualified Equity Interests plus (f) the net cash proceeds received by Holdings, the Borrower and the Restricted Subsidiaries from sales of Investments made using the Available Amount Basket (up to the amount, when combined with any amount set forth in clause (g) below, of the original Investment), plus (g) returns, profits, distributions and similar amounts received in cash or Cash Equivalents by Holdings, the Borrower and the Restricted Subsidiaries on Investments made using the Available Amount Basket (up to the amount, when combined with any amount set forth in clause (f) above, of the original Investment), plus (h) the Investments of Holdings, the Borrower and the Restricted Subsidiaries in any Unrestricted Subsidiary out of the Available Amount Basket that has been re-designated as a Restricted Subsidiary or that has been merged or consolidated with or into Holdings, the Borrower or any of the Restricted Subsidiaries (up to the lesser of (i) the fair market value (as determined in good faith by the Borrower) of the Investments of Holdings, the Borrower and the Restricted Subsidiaries in such Unrestricted Subsidiary at the time of such re-designation or merger or consolidation and (ii) the fair market value of the original Investments by Holdings, the Borrower and the Restricted Subsidiaries in such Unrestricted Subsidiary) plus (i) the amount of Declined Proceeds to the extent ...
Available Amount Basket means a cumulative amount equal to (a) 50% of cumulative consolidated net income, plus (b) the cash proceeds of new public or private equity issuances of any parent of the Company or the Company (other than disqualified stock and the proceeds of any Specified Equity Contribution), plus (c) capital contributions to the Company made in cash or cash equivalents (other than disqualified stock and the proceeds of any Specified Equity Contribution), plus (d) the net cash proceeds received by the Company from debt and disqualified stock issuances that have been issued after the Closing Date and which have been exchanged or converted into qualified equity (the Available Amount Basket attributable to clause (b), (c) and (d), the “Available Equity Basket”). In the case of the incurrence of a Limited Condition Acquisition, at the Borrower’s option, the relevant ratios and baskets shall be determined as of the date the definitive acquisition agreements for such Limited Condition Acquisition are entered into and shall be calculated as if the acquisition and other pro forma events in connection therewith were consummated on such date.