Available Net Cash Flow definition

Available Net Cash Flow means, for any period, the consolidated gross cash receipts (net of borrowings) of the U.S. Associate Group less (i) all expenses of the U.S. Associate Group which require a cash expenditure, (ii) all payments of principal of, interest on and any other amounts with respect to indebtedness, leases or other commitments or obligations of the U.S. Associate Group (including loans by Members to the U.S. Associate Group), (iii) any sum expended by the U.S. Associate Group for capital expenditures or asset acquisitions, and (iv) reserves for anticipated working capital and other purposes, the amounts of which shall be reasonably determined from time to time by the Board, provided that in the case of each of (i), (ii) and (iii) above, expenses, payments and other amounts shall be taken into account to the extent that they are due and payable during the period for which Available Net Cash Flow is being generated.

Available Net Cash Flow means all cash available to the Partnership, less reasonable reserves as determined by the Board, which may be distributed to Partners without breaching contractual obligations of the Partnership to third parties (such as lenders).

Available Net Cash Flow means all cash received by the Company during any taxable year, less all cash disbursements made by the Company during such year, and less such reserves for repairs, replacements, working capital, contingencies and anticipated obligations (including debt service and capital improvements), as the Managing Members shall deem reasonably necessary. Available Net Cash Flow shall not include Capital Contributions but shall be increased by the reduction of any reserve previously established.

Examples of Available Net Cash Flow in a sentence

• That is one way but not the only plausible way to resolve the ambiguity.Judge Patterson offered an additional reason for rejecting the possibility that 3.1(a), with its Available Net Cash Flow limitation, applied to SK Greenwich’s payment obligation and consequent exposure to the foreclosure remedy.

• It is arguable that if the Available Net Cash Flow limitation applied to the availability of the Appellee’s foreclosure remedy, SK Greenwich, as the operating member of the partnership managing the Property, might have had an incentive to avoid generating profits, even though it also had an incentive to maximize profits in which it ultimately expected a 20 percent share.

• We note that the Mezzanine Lender, in its capacity as the Mezzanine Borrower’s partner, provided in the Operating Agreement of the Company that Company Loans are repayable only if there is Available Net Cash Flow.

• Whether the Intercreditor Agreement Benefits the Appellants A second issue, distinct from the issue whether the Available Net Cash Flow limitation of 3.1(a) applies to limit W-D Lender’s foreclosure remedy, is whether any provisions of the Intercreditor Agreement benefit the Appellants.

• The Appellants dispute the District Court’s premise that the Available Net Cash Flow limitation, if applicable to SK Greenwich’s repayment obligation, could result in perpetual non- payment.

More Definitions of Available Net Cash Flow

Available Net Cash Flow shall have the meaning set forth in Section 5.1(a)

Available Net Cash Flow means the gross cash proceeds from Partnership operations, including all refinancings of all or any portion of the Property and/or any other property of the Partnership and, in connection with a partial casualty or condemnation, the proceeds of condemnation proceedings or settlement of any insurance claims resulting in insurance proceeds not used in repair or restoration of the Property that, in each instance, shall not be required to be paid to a Lender, less (1) all costs incurred by the Partnership in connection with the refinancing or restoration of the Property and (2) any portion thereof used to establish Reserves, all as determined by Cedar GP, for certain expenses and liabilities of the Partnership, including, without limitation, debt payments (including interest and principal) on Loans, capital improvements, repairs, replacements, contingencies, real estate taxes and leasing commissions, all as determined in accordance with this Agreement. Available Net Cash Flow shall not be reduced by depreciation, cost recovery deductions or similar

Available Net Cash Flow means, for each fiscal period, an amount equal to the Gross Return to the Partnership from the Business in that fiscal period, after:

Available Net Cash Flow means Effective Date cash balance (net of paymentof Allowed administrative Claims, United States Trustee fees, and Class 3 Allowed Claims) plus Net Cash Flow from operations after payment of debt service to BMO (exclusive of Excess Cash Flow payment), provided that the ending cash balance after distribution to the Allowed Class 4 Claims is a minimum of $200,000 at any period during the twelve months from the Effective Date.

Available Net Cash Flow means, for any period, the consolidated gross cash receipts (net of borrowings) of the U.S. Associate Group less (i) all expenses of the U.S. Associate Group which require a cash expenditure, (ii) all payments of principal of, interest on and any other amounts with respect to indebtedness, leases or other commitments or obligations of the U.S. Associate Group (including loans by Members to the U.S. Associate Group), (iii) any sum expended by the U.S. Associate Group for capital expenditures or asset acquisitions, and (iv) reserves for anticipated working capital and other

Available Net Cash Flow means, as of a particular Distribution Date, the Net Cash Flow received by the Debtor during the period commencing on the immediately prior Distribution Date and terminating on the day prior to such particular Distribution Date.

Available Net Cash Flow has the meaning given by section 8.1;