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.

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

  • 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.

  • 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)(9) 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).

  • 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)(5) 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).

  • Designation of Net Available Cash from an Asset Sale as Available Basket Proceeds upon Satisfaction of Station Value Coverage Requirements.......................58 Section 4.23.

  • 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).

  • 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).

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


More Definitions of Available Basket

Available Basket at any time, an amount equal to the excess of (a) ---------------- 33% of the sum of Consolidated Net Income for all of the fiscal years ending prior to such date (determined on a cumulative basis), commencing with the fiscal year ending March 31, 1998, 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(h), (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 means, on any date of determination, the sum of (without duplication):
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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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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).

  • Fixed Basket means any Basket that is subject to a fixed-dollar limit and (y) “Non-Fixed Basket” shall mean any Basket that is subject to compliance with a financial ratio or test (including Total Net Leverage Ratio) or based on a percentage of Consolidated EBITDA or total assets.

  • 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.

  • Redemption Basket means the minimum number of Limited Units of a Fund that may be redeemed pursuant to Section 7.1, which shall be the number of Limited Units of such Fund constituting a Creation Basket on the relevant Redemption Order Date.