Examples of Available Net Proceeds in a sentence
Any Available Net Proceeds referred to in this paragraph as being available for retention by Conseco (i) must, if received by a Subsidiary, be distributed to Conseco for such purpose if such distribution is not prohibited by law, rule or regulation or the Xxxxxx Agreement and (ii) may be used by Conseco for any purpose permitted by this Appendix.
Notwithstanding the foregoing, the first $30,000,000 of Available Net Proceeds received by Conseco or any of its Subsidiaries on or after the Effective Date after giving effect to Section 2.01(a) may be retained by Conseco.
The Available Net Proceeds so allocated to each Specified D&O Facility, at the discretion of Conseco, shall be either (i) deposited in a cash collateral account pursuant to the applicable Cash Collateral Agreement or (ii) applied to repay "Loans" made to the individual borrowers pursuant to the applicable Specified D&O Facility.
The Borrower shall repay the Loans outstanding under the Facility B Commitment and permanently reduce the Facility A Commitment as set forth in Section 7.4(a) hereof, with the Available Net Proceeds from any Asset Disposition not reinvested in accordance with Section 7.4(a).
These calculations include, but are not limited to, determinations of the Closing Sale Price and Daily VWAP of the Common Stock, accumulated dividends payable on the Series B Preferred Stock, the Aggregate Net Proceeds, the Available Net Proceeds, the amount of the Make-Whole Payment, and the Conversion Rate of the Series B Preferred Stock.