Available Assets definition

Available Assets means, as of any date, the excess of (a) the cash and cash equivalent items held by the Partnership over (b) the sum of the amount of such items as the General Partner determines to be necessary for the payment of the Partnership’s expenses, liabilities and other obligations (whether fixed or contingent), and for the establishment of appropriate reserves for such expenses, liabilities and obligations as they may arise, including the maintenance of adequate working capital for the continued conduct of the Partnership’s investment activities and operations.

Available Assets means (i) all unencumbered Assets and proceeds thereof, (ii) the proceeds from any encumbered Assets in excess of any Allowed Secured Claim against such encumbered Assets, if any, and (iii) the Prepetition Lenders’ Budget Contribution, if any.

Available Assets means, as of any date, the excess of the cash and cash equivalent items held by the Company over the sum of the amount of such items determined by the Board to be reasonably necessary for the payment of the Company's expenses, liabilities and other obligations (whether fixed or contingent), and for the establishment of appropriate reserves for such expenses, liabilities and obligations as may arise, including the maintenance of adequate working capital for the continued conduct of the Company's business.

Examples of Available Assets in a sentence

• After payment in full to the holders of Convertible Preferred Stock of the Liquidation Preference, holders of the Convertible Preferred Stock shall, as such, have no right or claim to any of the remaining Available Assets.

• Except for the Available Assets, Lender shall not look to a Guarantor’s tangible or intangible real and personal property (including cash, cash equivalents, securities, partnership interests, receivable or similar intangible personal property) for satisfaction of any Guarantor’s obligations under this Guaranty.

• Subject to Section 21(b), Lender may not look to the tangible or intangible proceeds of any assets of a Guarantor, including proceeds of the Available Assets, except as specifically provided in paragraph (2) above.

• The Reorganized Debtor will in good faith value the Reorganized Debtor’s Available Assets.

• Except as otherwise provided in this Agreement, no Covered Person shall be liable for the return of the Capital Contributions or Capital Account of any Partner, and such return shall be made solely from the Available Assets of the Partnership, if any, and each Partner hereby waives any and all claims that he, she or it may have against each Covered Person in this regard.

More Definitions of Available Assets

Available Assets means funds and property in which defendant has an ownership interest and ability to liquidate that are not exempt assets.

Available Assets means, except as otherwise provided in the Plan, any assets of the Estate remaining after (a) payment of all Administrative Claims, Priority Tax Claims, Priority Non-Tax Claims, Secured Claims, and Deposit Claims, all to the extent such Claims are Allowed as of the Effective Date; (b) establishment of the Disputed Claims Reserve; and (c) any amounts transferred on account of the Foundations Settlement.

Available Assets means the Assets (including any assets transferred to the Liquidating Trust) remaining after (i) the establishment of the Gottschalks Senior Claims Reserve and the Disputed Claims Reserve, (ii) the establishment of the Gottschalks Administrative Fund and (iii) any amounts remaining in the Gottschalks Senior Claims Reserve and Gottschalks Administrative Fund after amounts are paid pursuant to Article 8.A.

Available Assets means as of any date, the excess of the cash, cash equivalent items and Temporary Investments held by the Partnership over the sum of the amount of such items determined by the General Partner to be reasonably necessary for the payment of the Partnership's expenses, liabilities and other obligations (whether fixed, contingent, conditional or unmatured), including, but not limited to, the Partnership's indemnification obligations and for the establishment of appropriate reserves for such expenses, liabilities and obligations as may arise, including, without limitation, the maintenance of adequate working capital for the continued conduct of the Partnership's business.

Available Assets means Available Debt Assets, Available Equity Assets, Available Debt Securitization Assets and Available Structured Products Assets.

Available Assets means in the case or a liquidation, dissolution or winding up of the Corporation, the assets and funds of the Corporation that are legally available for distribution to the stockholders of the Corporation, with the value of such assets and funds determined pursuant to Section D hereof.

Available Assets means (i) with respect to the calculation of Qualified Available Assets for the purposes of the Available Asset Coverage Ratio, an amount equal to (without duplication) the sum of each of the following unencumbered assets and (ii), in all other contexts, the following unencumbered assets (without duplication) without giving effect to the discount factors specified below: