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”), an amount, not less than zero in the aggregate, determined on a cumulative basis equal to:
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”), the sum of:
Available Amount Basket means a cumulative amount equal to (a) an amount equal to $100 million, plus (b) the retained portion of Excess Cash Flow (i.e., Excess Cash Flow as defined for purposes of the Excess Cash Flow mandatory prepayment requirements set forth herein and not otherwise applied to mandatorily prepay the Term B Loans; provided that the retained portion of Excess Cash Flow for any fiscal year shall not be less than zero), plus (c) the cash proceeds of new public or private equity issuances of the Borrower or any parent of the Borrower (other than disqualified stock, any equity contributed as a Specified Equity Contribution (as defined below) to the extent the proceeds thereof are contributed to the Borrower as qualified equity and equity used to incur Equity Proceeds Indebtedness (to be defined as mutually agreed)), plus (d) capital contributions to the Borrower made in cash or cash equivalents (other than in respect of disqualified stock, any equity contributed as a Specified Equity Contribution and any capital contributions used to incur Equity Proceeds Indebtedness), plus (e) returns, profits, distributions and similar amounts received in cash or cash equivalents by the Borrower and its subsidiaries on or proceeds of dispositions of investments made using the Available Amount Basket, plus (f) the aggregate amount of Indebtedness (other than Indebtedness owing to the Borrower or any of its subsidiaries) that has been converted into or exchanged for equity interests (other than disqualified stock) of the Borrower, plus (g) any mandatory prepayment amount declined by a Declining Lender. The Available Amount Basket may be used for investments, restricted payments and the prepayment, repurchase or redemption of junior capital/subordinated debt or other Indebtedness as provided above.
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 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.