Available Basket definition

Available Basket as of any date of determination, an amount equal to (without duplication):
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Available Basket as of any date of determination, an amount equal to (a)(i) $250.0 million plus (ii) (x) an amount equal to 50% of Consolidated Net Income of the Group Members for the period (taken as one accounting period) commencing with July 1, 2018 to the end of the fiscal quarter most recently ended in respect of which a Compliance Certificate has been delivered as required hereunder or (y) in the case such Consolidated Net Income for such period is a deficit, minus 100% of such deficit, plus (iii) the net cash proceeds from the issuance of Capital Stock of, or capital contributions to, Parent after the Closing Date (other than proceeds from the issuance of Disqualified Capital Stock, Excluded Contributions, any Cure Amount and proceeds from capital contributions described in Section 6.2(y)) other than, for the avoidance of any doubt, in connection with the 2014 Convertible Notes and/or the 2018 Convertible Notes, plus (iv) the net cash proceeds received by Parent after the Closing Date from the issuance or sale of convertible or exchangeable Disqualified Capital Stock or debt securities of any Group Member that has thereafter been converted into or exchanged for Qualified Capital Stock other than, for the avoidance of any doubt, in connection with the 2014 Convertible Notes and/or the 2018 Convertible Notes, plus (v) returns, repayments, interest, profits, distributions, income and similar amounts received in cash or Cash Equivalents by the Group Members in respect of Investments (including Investments made in non-Group Members) made using the Available Basket (such amounts not exceeding the fair market value (as determined in good faith by Parent) of such original Investment), plus (vi) an amount equal to Retained Asset Sale Proceeds, plus (vii) the Investments of the Group Members made using the Available Basket in any Unrestricted Subsidiary that has been re-designated as a Restricted Subsidiary or that has been merged or consolidated with or into Parent or any of the Restricted Subsidiaries (up to the lesser of (A) the fair market value (as determined in good faith by Parent) of the Investments of Parent and the Restricted Subsidiaries made using the Available Basket in such Unrestricted Subsidiary at the time of such re-designation or merger or consolidation and (B) the fair market value (as determined in good faith by Parent) of the original Investments by Parent and the Restricted Subsidiaries made using the Available Basket in such Unrestricted Subsidiary), p...
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Available Basket means an amount that (a) as of the Senior Secured Note Closing Date is equal to $15,000,000, (b) as of the first anniversary of the Senior Secured Note Closing Date is increased by $10,000,000, (c) annually after the first anniversary of the Senior Secured Note Closing Date, upon the delivery to Agent of the audited financial statements with respect to the Loan Parties that are required pursuant to Section 5.1 of the Agreement, is increased by an amount equal to 50% of the Loan Parties’ consolidated net income for the immediately preceding fiscal year, and (d) at each time when any distributions are made pursuant to Section 6.9(j) of the Agreement, is reduced to the extent of each such distribution concurrently with the making thereof.
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Examples of Available Basket in a sentence

  • Any Declined Proceeds shall be retained by the Borrower and shall be added to the Available Basket Amount.

  • Designation of Net Available Cash from an Asset Sale as Available Basket Proceeds upon Satisfaction of Station Value Coverage Requirements.

  • All fundings of Loans and payments of Obligations shall be in Dollars and, unless the context otherwise requires, all determinations (including calculations of fair market value, Available Basket Amount and covenants) made from time to time under the Loan Documents shall be made in light of the circumstances existing at such time.

  • Available Basket Amount shall mean, as at any date of determination, (a) One Hundred Thousand Dollars ($100,000) plus (b) 50% of the consolidated net income of Borrower for the period commencing December 31, 2018 and ending on the last day of the most recently ended fiscal quarter, plus (c) 75% of the aggregate cash proceeds received from Borrower after the Closing Date from the issue or sale of equity interests of the Borrower.

  • Any prepayment amount declined by a Declining Lender (any such declined payment, the “Declined Proceeds”) will be an addition to the Available Basket.

  • As of the Restatement Effective Date, the amount of the Available Basket Amount is $337,002,000 (after giving effect to the$75,000,000 increase described in clause (a) above).

  • The definition of "Available Basket Amount" appearing in Section 11.01 of the Credit Agreement is hereby amended by (a) deleting the amount "$25,000,000" appearing therein and inserting in lieu thereof the amount "$50,000,000" and (b) inserting the following text immediately following, but prior to the period ending, clause (vii) of said definition: "PLUS, (viii) if positive, an amount equal to 50% of the remainder of (x) the Cumulative Capital Gains Amount on such date LESS (y) $25,000,000".

  • Notwithstanding the foregoing, any Net Available Cash which has been designated as Available Basket Proceeds but has not been used to make a Restricted Payment pursuant to Section 4.08(b)(13) within 270 days from the date of receipt of the Net Available Cash constituting such Available Basket Proceeds, shall constitute Excess Proceeds and shall be applied in accordance with Section 4.10(d).

  • Cash from an Asset Sale as Available Basket Proceeds upon Satisfaction of Station Value Coverage Requirements.

  • Notwithstanding the foregoing, any Net Available Cash which has been designated as Available Basket Proceeds but has not been used to make a Restricted Payment pursuant to Section 6.07(b)(13) within 270 days from the date of receipt of the Net Available Cash constituting such Available Basket Proceeds shall constitute Excess Proceeds and shall be applied in accordance with Section 2.05(c).


More Definitions of Available Basket

Available Basket on any date, an amount equal to the excess of (a) the sum of (i) $125,000,000 and (ii) 33% of the sum of Consolidated Net Income for all of the fiscal years ending prior to such date (determined on a cumulative basis) for which the relevant financial information is available, commencing with the fiscal year ending March 31, 2002, over (b) the sum of, without duplication, (i) the amount of all Restricted Payments made to Holdings after the Closing Date and prior to such date pursuant to Section 7.6(c), (ii) the amount of all Investments in Holdings and the Holdings Subsidiaries made by the Borrower and its Subsidiaries and the amount of all Investments in Holdings made by the Holdings Subsidiaries, in each case, after the Closing Date and prior to such date pursuant to Section 7.7(g), (iii) the amount of all then outstanding Guarantee Obligations of Holdings with respect to Indebtedness of any Unrestricted Subsidiary made pursuant to clause (i) of the proviso to the definition of “Unrestricted Subsidiary”, (iv) the amount of all Investments by the Borrower or any other Subsidiary in any Unrestricted Subsidiary made after the Closing Date and prior to such date pursuant to clause (v) of the proviso to the definition of “Unrestricted Subsidiary” and (v) the amount of all payments of principal made after the Closing Date and prior to such date by the Borrower or any of its Subsidiaries in respect of Indebtedness contemplated by Section 7.6(b)(i) or any other Indebtedness owing to Holdings arising from non-cash transactions.
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Available Basket. Amount shall mean, on any date of determination, an amount equal to the sum of (i) $14,000,000 minus (ii) the aggregate Permitted Transaction Costs of all Permitted Transactions effected after the Restatement Effective Date, minus (iii) without duplication of any amount included in Permitted Transaction Costs, the aggregate amount of Indebtedness or other obligations (whether absolute, accrued, contingent or otherwise and whether or not due) of any Joint Venture for which Holdings or any of its Subsidiaries (other than the respective Joint Venture) is liable, minus (iv) all payments made by Holdings or any of its Subsidiaries (other than the respective Joint Venture) in respect of Indebtedness or other obligations of the respective Joint Venture (including, without limitation, payments in respect of obligations described in preceding clause (iii)), plus (v) the amount of any increase to the Available Basket Amount made after the Restatement Effective Date in accordance with the provisions of Section 8.5(d).
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Available Basket means, on any date of determination, the sum of (without duplication):
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Related to Available Basket

  • Available Basket Amount means, at any date of determination, an amount (which shall not be less than $0) determined on a cumulative basis equal to the difference between: (a) the sum (without duplication) of: (i) $35,000,000, plus (ii) Cumulative Consolidated Net Income (which shall not be less than zero), plus (iii) the aggregate amount of dividends and distributions received by Borrower or its Restricted Subsidiaries in the form of Cash or Cash Equivalents on or prior to such date from Investments acquired or made utilizing the Available Basket Amount, plus (iv) in the case of the redesignation of an Unrestricted Subsidiary as a Restricted Subsidiary after the Second Amendment Effective Date, the fair market value of the Investment in such Unrestricted Subsidiary at the time of the redesignation of such Unrestricted Subsidiary as a Restricted Subsidiary (which shall not exceed the original amount of such Investment), plus (v) the Net Cash Proceeds received from any issuance or sale of its Equity Interests occurring after the Closing Date (other than issuances of Disqualified Stock and issuances or sales pursuant to an employee stock ownership plan or other employee benefit plan and excluding Net Cash Proceeds of any issuance or sale of Equity Interests for a specifically identified purpose that were expended for such specifically identified purpose without a corresponding reduction of the Available Basket Amount), plus (vi) the after-tax amount (after taking into account any available tax credit or deductions and any tax sharing arrangements) of all Distributions received in Cash by the Loan Parties after the Closing Date that are attributable to their Equity Interests in any Joint Venture or any Subsidiary that is not a Subsidiary Guarantor, plus (vii) all Net Cash Sales Proceeds received from Dispositions permitted by this Agreement, minus (b) the aggregate amount of all Investments, Capital Expenditures, Distributions and payments in respect of Subordinated Obligations, in each case to the extent made after the Closing Date with amounts available under the Available Basket Amount.

  • Basket has the meaning set forth in Section 8.04(a).

  • Available Balance means, in relation to any Account, the aggregate of: (i) the balance in such Account in your favour of immediately available and freely transferable funds; and (ii) where we have granted you an overdraft facility or line of credit in respect of such Account, the limit of such overdraft facility or line of credit notified by us to you less the total amount payable by you to us with respect to such overdraft facility or line of credit.

  • Applicable Base Rate means (i) with respect to a Rate Period of fewer than 49 days, the greater of (a) the SIFMA Municipal Swap Index or (b) the LIBOR Rate, and (ii) with respect to a Rate Period of 49 or more days, the LIBOR Rate.

  • Available Reserve Account Amount means, with respect to any Distribution Date, the lesser of (a) the amount on deposit in the Reserve Account on such date (before giving effect to any deposit to be made to the Reserve Account on such date) and (b) the Required Reserve Account Amount.

  • Specified Reserve Balance means, with respect to any Distribution Date, an amount equal to 2.0% of the initial Pool Balance; provided, that the Specified Reserve Balance will in no event exceed the outstanding principal amount of the Notes on such Distribution Date after giving effect to distributions pursuant to clauses (i) through (xviii) of Section 5.7(a).

  • Available Incremental Amount has the meaning set forth in Section 2.14(d)(v).

  • Available Amount of any Letter of Credit means, at any time, the maximum amount available to be drawn under such Letter of Credit at such time (assuming compliance at such time with all conditions to drawing).

  • Daily Price means, for any relevant day, the closing price on that day (or if there is no closing price the last bid price) as reported by the principal exchange or quotation system on which prices for the Common Stock are reported. On the redemption date the holders of record of redeemed Warrants shall be entitled to payment of the Redemption Price upon surrender of such redeemed Warrants to the Company at its principal office.

  • Available Spread Account Amount means, for any Transfer Date, an amount equal to the lesser of (a) the amount on deposit in the Spread Account (exclusive of Investment Earnings on such date and before giving effect to any deposit to, or withdrawal from, the Spread Account made or to be made with respect to such date) and (b) the Required Spread Account Amount, in each case on such Transfer Date.

  • Available Increase Amount means, as of any date of determination, an amount equal to the result of (a) $50,000,000, minus (b) the aggregate principal amount of Increases to the Revolver Commitments previously made pursuant to Section 2.14 of this Agreement.

  • Available Equity Amount means a cumulative amount equal to (without duplication):

  • Maximum Available Amount means, on any date of determination, an amount equal to the lesser of:

  • Unquoted Investment means any Investment which is not quoted, listed or dealt in on any Recognised Stock Exchange.

  • Adjusted Borrowing Value means, on any date of determination, for any Eligible Loan Asset, an amount equal to the lower of (a) the Outstanding Balance of such Eligible Loan Asset at such time and (b) the Assigned Value of such Eligible Loan Asset at such time, multiplied by the Outstanding Balance of such Eligible Loan Asset at such time. Notwithstanding the foregoing, the Adjusted Borrowing Value of any Loan Asset that is no longer an Eligible Loan Asset at such time shall be zero.

  • Ending Value means the average of the values of the Basket at the close of the market on five business days shortly before the maturity date of the Notes. We may calculate the Ending Value by reference to fewer than five or even a single day's closing value if, during the period shortly before the maturity date of the Notes, there is a disruption in the trading of a sufficient number of stocks included in any Basket Index or certain futures or options contracts relating to a Basket Index.

  • New Funds Amount means the amount equal to the product of a Lender’s increased Commitment or a CI Lender’s Commitment (as applicable) represented as a percentage of the aggregate Commitments after giving effect to any Commitment Increase, times the aggregate principal amount of the outstanding Loans immediately prior to giving effect to such Commitment Increase, if any, as of any Commitment Increase Effective Date (without regard to any increase in the aggregate principal amount of Loans as a result of borrowings made after giving effect to such Commitment Increase on such Commitment Increase Effective Date); (ii) “Reducing Percentage Lender” means each then existing Lender immediately prior to giving effect to any Commitment Increase that does not increase its respective Commitment as a result of such Commitment Increase and whose relative percentage of the Commitments shall be reduced after giving effect to such Commitment Increase; and (iii) “Reduction Amount” means the amount by which a Reducing Percentage Lender’s outstanding Loans decrease as of any Commitment Increase Effective Date (without regard to the effect of any borrowings made on such Commitment Increase Effective Date after giving effect to the Commitment Increase occurring on such Commitment Increase Effective Date).

  • Unquoted Investments has the meaning set forth in Section 5.12(b)(ii)(B).

  • Applicable Base Rate Margin means, on any day, a rate per annum equal to the higher of (a) the Applicable Eurocurrency Margin for such day minus 1.00% and (b) 0.00%.

  • Applicable Treasury Rate means the weekly average for each Business Day during the most recent week that has ended at least two Business Days prior to the redemption date of the yield to maturity at the time of computation of United States Treasury securities with a constant maturity (as compiled and published in the most recent Federal Reserve Statistical Release H. 15 (or, if such statistical release is not so published or available, any publicly available source of similar market data selected by the Company in good faith)) most nearly equal to the period from the redemption date to May 1, 2022; provided, however, that if the period from the redemption date to May 1, 2022 is not equal to the constant maturity of a United States Treasury security for which a yield is given, the Applicable Treasury Rate shall be obtained by linear interpolation (calculated to the nearest one-twelfth of a year) from the yields of United States Treasury securities for which such yields are given, except that if the period from the redemption date to such applicable date is less than one year, the weekly average yield on actually traded United States Treasury securities adjusted to a constant maturity of one year shall be used.

  • Exchange Value is the adjusted appraised value of the Property which takes into consideration various factors to balance the business value of the Property within its present ownership structure.

  • Available Facility Amount shall have the meaning specified in paragraph 2B(1).

  • Canada Yield Price means an amount, calculated as at the date that is three Toronto Business Days prior to the Optional Redemption Date, equal to the net present value of all scheduled payments of interest (other than accrued and unpaid interest) and outstanding principal on the Notes to be redeemed from the Optional Redemption Date to the Par Call Period Commencement Date, using as a discount rate the Canada Yield, plus the Redemption Margin (if any);

  • Eligible Basis has the meaning given to it in Section 42(d) of the Code.

  • Calculated Principal Distribution As defined in Section 5.03(d).

  • Fallback Reference Price (if the relevant parties have specified an alternate Commodity Reference Price in the Confirmation);