Available Asset Sale Proceeds definition

Available Asset Sale Proceeds means, with respect to any Asset Sale, the aggregate Asset Sale Proceeds from such Asset Sale that have not been applied in accordance with clauses (iii)(a) or (iii)(b) of Section 4.13(a), and which have not been the basis for an Excess Proceeds Offer in accordance with clause (iii)(c) of such Section 4.13(a).

Available Asset Sale Proceeds means, with respect to any Asset Sale, the aggregate Asset Sale Proceeds from such Asset Sale that have not been applied or committed in accordance with clauses (iii)(a) or (iii)(b), and which has not yet been the basis for an Excess Proceeds Offer in accordance with clause (iii)(c), of the first paragraph of Section 4.10.

Available Asset Sale Proceeds means, for any Asset Sales, the difference between (i) the cash proceeds generated in such Asset Sale and (ii) the outstanding principal amount (including any interest thereon) of the Senior Debt; provided, however, that in the event of any Asset Sale relating to Xxxxxxx Shale Properties the Available Asset Sale Proceeds shall be equal to the difference between (A) the cash proceeds generated in such Asset Sale and (B) $15,000,000.

Examples of Available Asset Sale Proceeds in a sentence

• Upon completion of such Excess Proceeds Offer, the amount of Available Asset Sale Proceeds shall be reset to zero.

• If an Excess Proceeds Offer is not fully subscribed, the Company may retain the portion of the Available Asset Sale Proceeds not required to repurchase Notes.

• To the extent that the aggregate principal amount of pari passu Indebtedness tendered pursuant to a Pari Passu Excess Proceeds Offer is less than such pari passu Indebtedness’s pro rata share of such Available Asset Sale Proceeds, the Company shall use such remaining Available Asset Sale Proceeds to purchase any Notes validly tendered and not withdrawn pursuant to such Excess Proceeds Offer.

• Upon completion of any Excess Proceeds Offer, the amount of Available Asset Sale Proceeds shall be reset to zero.

• To the extent that the aggregate principal amount of Notes tendered pursuant to an Excess Proceeds Offer is less than the Available Asset Sale Proceeds, the Company may use any remaining Excess Proceeds for any purpose not otherwise prohibited by this Indenture.

More Definitions of Available Asset Sale Proceeds

Available Asset Sale Proceeds means, (i) with respect to any Asset Sale of assets that do not constitute Collateral, the aggregate Asset Sale Proceeds from such Asset Sale that have not been applied in accordance with clauses (a) or (b), and which have not yet been the basis for an Excess Proceeds Offer in accordance with clause (c) of the second paragraph of Section 4.13 and, with respect to any Asset Sale of assets that do constitute Collateral, the aggregate Asset Sale Proceeds from such Asset Sale that have not been applied in accordance with clause (a), and which have not yet been the basis for an Excess Proceeds Offer in accordance with clause (b), of the third paragraph of Section 4.13.

Available Asset Sale Proceeds means, for any Asset Sales, the difference between (i) the cash proceeds generated in such Asset Sale and (ii) the outstanding principal amount (including any interest thereon) of the Senior Debt; provided, however, that in the event of any Asset Sale relating to Barnett Shale Properties the Available Asset Sale Proceeds shall be equal to the difference between (A) the cash proceeds generated in such Asset Sale and (B) $15,000,000.

Available Asset Sale Proceeds means, with respect to any Asset Sale, the aggregate Asset Sale Proceeds from such Asset Sale that have not been applied in accordance with clause (iii)(A) or (iii)(B) of Section 4.10(a), and that have not yet been the basis for an Excess Proceeds Offer in accordance with clause (iii)(C) of Section 4.10(a) hereof. "BANKRUPTCY LAW" means Title 11, U.S. Code, the Bankruptcy and Insolvency Act (Canada), the Companies' Creditors Arrangement Act (Canada) or any similar United States or Canadian federal, state or provincial law for the relief of debtors.

Available Asset Sale Proceeds means, with respect to any Asset Sale, the aggregate Asset Sale Proceeds from such Asset Sale that have not been applied in accordance with clause (III)(a) or (III)(b), and which have not yet been the basis for an Excess Proceeds Offer in accordance with clause (III)(c), of Section 2.2C(i).

Available Asset Sale Proceeds shall have the meaning provided in Section (F)(3) in this Article XI.

Available Asset Sale Proceeds means, with respect to any Asset Sale, the aggregate Asset Sale Proceeds from such Asset Sale that have not been applied in accordance with clause (iii)(a) and that have not yet been the basis for application in accordance with clause (iii)(b) of paragraph (a) of Section 1013. “Bankruptcy Law” means Title 11, U.S. Code or any similar federal or state law for relief of debtors.

Available Asset Sale Proceeds. (iii)(a) or (iii)(b) of Section 4.10(a) and that have not been the basis for a Series C/D Asset Sale Offer or an Excess Proceeds Offer in accordance with clause (iii)(c) of Section 4.10(a).