Cash Flow Adjustments definition

Cash Flow Adjustments means adjustments made by Lender in its calculation of Underwritable Cash Flow and the components thereof, in each case, based upon Lender and Rating Agency underwriting criteria, which such adjustments shall include, without limitation, adjustments (A) for (i) items of a non-recurring nature, (ii) a credit loss/vacancy allowance equal to the greater of actual vacancy and five percent (5%) and (iii) imminent liabilities and/or other expense increases (including, without limitation, imminent increases to Taxes and Insurance Premiums); and (B) to exclude rental income attributable to any Tenant (1) in bankruptcy that has not affirmed its Lease in the applicable bankruptcy proceeding pursuant to a final, non- appealable order of a court of competent jurisdiction, (2) not paying rent under its Lease (unless: (x) such non-payment of rent is solely the result of a market free rent period or similar market rent concession and (y) in connection with the foregoing free rent period or similar rent concession, Borrower has deposited cash into a Reserve Account with Lender an amount equal to the total unabated rent that would otherwise be due and payable during all remaining unexpired free rent (or similar rent concession) periods if no such free rent period and/or rent concession were in place) or otherwise in monetary default under its Lease beyond any applicable notice and cure periods, (3) that has expressed its intention in writing to not renew, terminate, cancel and/or reject its applicable Lease, (4) whose tenancy or other occupancy at the Property is month-to-month and/or (5) under a Lease which expires within 90 days or less of the applicable date of calculation hereunder, unless and until each of the following requirements is satisfied: (1) all of the space demised thereunder has been re-let pursuant to a Lease entered into in accordance with the terms of this Agreement, (2) such replacements Lease shall take effect and shall require the commencement of the payment of full unabated rent for the remainder of the term thereunder (other than any market free rent period for which Borrower has deposited into a reserve with Lender (to be disbursed by Lender, in its reasonable discretion) an amount equal to the unabated rent that would otherwise be due and payable with respect to such Lease during each unexpired free rent period if no rent concession were in place) concurrently with such expiration, (3) to the extent such replacement Lease(s) requires the landlord ...
Cash Flow Adjustments means adjustments made by Lender in its calculation of Underwritable Cash Flow and the components thereof, in each case, based upon Lender and Rating Agency underwriting criteria, which such adjustments shall include, without limitation, adjustments (A) for (i) items of a non-recurring nature, (ii) a credit loss/vacancy allowance equal to the greater of actual vacancy and 5% and (iii) imminent liabilities and/or other expense increases (including, without limitation, imminent increases to Taxes and Insurance Premiums); and (B) to exclude rental income attributable to any Tenant (1) in bankruptcy that has not affirmed its Lease in the applicable bankruptcy proceeding pursuant to a final, non-appealable order of a court of competent jurisdiction, (2) not paying rent under its Lease or otherwise in monetary default under its Lease beyond any applicable notice and cure periods, (3) that has expressed its intention (directly, constructively or otherwise) to not renew, terminate, cancel and/or reject its applicable Lease, (4) whose tenancy or other occupancy at the Property is month-to-month and/or (5) under a Lease which expires within 60 days or less of the applicable date of calculation hereunder(any such Lease, an “Expiring Lease”), provided, however, that if Lender receives a fully executed lease demising the space demised under the Expiring Lease (“Replacement Lease”) and such Replacement Lease (a) commences no later than sixty (60) calendar days following the scheduled expiration of the term of the Expiring Lease, (b) contains terms no less favorable to Borrower than those of the Expiring Lease and (c) has been entered into and is otherwise in accordance with all requirements contained in this Agreement (including, without limitation, Section 4.14 hereof), then the rental income under the Expiring Lease during such 60 day or less period (net of an amount equal to the aggregate of any free rent, concessions and other similar tenant incentives, in each case, attributable to the Replacement Lease) shall not be excluded from Underwritable Cash Flow.
Cash Flow Adjustments means adjustments made by Lender in its calculation of Underwritable Cash Flow and the components thereof, in each case, based upon Lender’s reasonable underwriting criteria, which such adjustments shall include, without limitation, adjustments (i) for (a) items of a non-recurring or extraordinary nature, (b) a credit loss/vacancy allowance equal to the greater of (1) the actual vacancy rate at the Property, and (2) five percent (5.0%) of the rentable area of the Property, and (c) imminent liabilities (of a recurring nature) and/or other expense increases (of a recurring nature) (including, without limitation, imminent increases to Taxes and Insurance Premiums); and (ii) to exclude rental income attributable to any Tenant (a) in bankruptcy that has not affirmed its Lease in the applicable bankruptcy proceeding pursuant to a final, non-appealable order of a court of competent jurisdiction, (b) in default under its Lease beyond any applicable notice and cure periods, (c) whose tenancy at the Property is month-to-month and/or (d) under a Lease which expires, terminates and/or is rejected within thirty (30) days or less of the applicable date of calculation hereunder.

Examples of Cash Flow Adjustments in a sentence

  • Development Charge Calculation and Cash Flow Adjustments • Calculate the development charge for each service based upon the estimated amount of future growth it will facilitate during the applicable planning period;• Determine the residential development charge for various types of dwellings based upon the expected occupancy characteristics.

  • Reclassifications and Cash Flow Adjustments Certain 2011 amounts have been reclassified in the consolidated financial statements to conform to the 2012 presentation.

  • Foreign UnrealizedCurrency Defined Gain (Loss) on Translation Benefit Cash Flow Adjustments Net current-period other comprehensive income(loss) .

  • Due to the importance of the first operational year, it is crucial that potential schools think about and plan out every month to ensure fiscal stability.• The Five Year Budget and Cash Flow Adjustments is a five-year outlook for a potential school for the first five years of school operation.


More Definitions of Cash Flow Adjustments

Cash Flow Adjustments means adjustments made by Lender in its calculation of Underwritable Cash Flow and the components thereof, in each case, based upon Lender and Rating Agency underwriting criteria, which such adjustments shall include, without limitation, adjustments (A) for (i) items of a non-recurring nature, (ii) a credit loss/vacancy allowance equal to the greater of actual and underwritten vacancy and (iii) imminent liabilities and/or other expense increases (including, without limitation, imminent increases to Taxes and Insurance Premiums); and (B) to exclude rental income attributable to any Tenant (i) in bankruptcy that has not affirmed its Lease in the applicable bankruptcy proceeding pursuant to a final, non- appealable order of a court of competent jurisdiction, (ii) in monetary default under its Lease beyond any applicable notice and cure periods, (iii) that has expressed its intention (directly, constructively or otherwise) to not renew, terminate, cancel and/or reject its applicable Lease, (iv) under a non-residential Lease whose tenancy at the Property is month-to-month, and/or (v) under a non-residential Lease which expires within 60 days or less of the applicable date of calculation hereunder (an “Expiring Lease”), provided, however, that if Lender receives a fully executed lease covering the space under the Expiring Lease (“Replacement Lease”) and such Replacement Lease (a) commences no later than sixty (60) calendar days following the scheduled expiration of the term of the Expiring Lease, (b) contains terms no less favorable to Borrower than those of the Expiring Lease, and (c) is otherwise in accordance with all requirements contained in this Agreement (including, without limitation, Section 4.14 hereof), then the rental income under the Expiring Lease during such 60 day or less period, net an amount equal to any free rent or concessions attributable to the Replacement Lease, shall not be excluded from Underwritable Cash Flow; provided further, however, that rental income attributable to any residential Tenant (1) whose tenancy at the Property is month-to-month, and/or (2) which expires within 60 days or less of the applicable date of calculation hereunder, shall not be excluded from Underwritable Cash Flow.
Cash Flow Adjustments means the sum of the following for the Issuers and their Subsidiaries during or for any applicable period and solely to the extent not accounted for in the Company’s net cash provided by operating activities in the consolidated cash flow statements for the applicable period: (i) Capital Expenditures (net of any proceeds of any related financings) permitted pursuant to this Indenture, (ii) cash payments made in respect of any acquisitions of any businesses by the Company or any of its Restricted Subsidiaries permitted by this Indenture (including related fees and expenses and any earn-out, purchase price adjustment, non-competition, and other customary cash payments required to be made in respect of such acquisitions), (iii) cash amounts paid in respect of Permitted Investments (other than all or any portion of any Permitted Investments held in the form of Cash or Cash Equivalents), (iv) scheduled principal payments and mandatory and voluntary prepayments, including prepayment premiums or penalties, of funded Indebtedness (including Capital Lease Obligations) permitted to be incurred pursuant to this Indenture, provided that payments or prepayments in respect of any revolving credit Indebtedness under any revolving credit facility shall not be included in this clause (iv) to the extent of the amounts borrowed on such revolving credit facility during the applicable period, (v) Net Cash Proceeds, (vi) Net Loss Proceeds and (vii) cash interest payments on the Notes (regardless of whether GAAP would treat such payments as interest expense).
Cash Flow Adjustments means the sum of the following for the Company and its Subsidiaries during or for any applicable period: (i) Capital Expenditures (net of any proceeds of any related financings), (ii) cash payments made in respect of any acquisitions of any businesses (including related fees and expenses and any earn-out, purchase price adjustment, non-competition, and other customary payments required to be made in respect of such acquisitions) permitted pursuant to this Indenture, (iii) amounts paid in respect of Permitted Investments and Restricted Payments permitted to be made pursuant to this Indenture, (iv) scheduled principal payments and mandatory and voluntary prepayments of funded Indebtedness (including Capital Lease Obligations) permitted to be incurred pursuant to this Indenture, provided that payments in respect of any revolving credit Indebtedness under the Credit Facility or any other revolving credit facility shall not be included in this clause (iv) unless accompanied by a permanent reduction in the related commitment for such Indebtedness, (v) cash payments required to be made in such period in respect of any liability accrued in a prior accounting period, and (vi) payments made in respect of cash charges incurred pursuant to the Cases and related matters, including those in connection with the Plan of Reorganization.
Cash Flow Adjustments means reasonable adjustments made by Lender in its calculation of Net Cash Flow and the components thereof, which shall include adjustments:
Cash Flow Adjustments means adjustments made by Lender in its calculation of Underwritable Cash Flow and the components thereof, in each case, based upon Lender underwriting criteria, which shall be customary and consistent with loans similar to the Loan and which such adjustments shall include, without limitation, adjustments (A) for (i) items of a non-recurring nature, (ii) a credit loss/vacancy allowance equal to actual vacancy and(iii) imminent liabilities and/or other expense increases (including, without limitation, imminent increases to Taxes and Insurance Premiums), provided that to the extent any such imminent liabilities and/or other expense increases are reimbursable by a Tenant pursuant to the terms of its Lease, Operating Income shall be increased to account for any such amounts; (B) to exclude rental income attributable to any Tenant (1) in bankruptcy that has not affirmed its Lease in the applicable bankruptcy proceeding pursuant to a final, non-appealable order of a court of competent jurisdiction (unless such Tenant is an Investment Grade Tenant and is paying full, unabated rent to Borrower during such bankruptcy), (2) which is in monetary default beyond notice and cure periods under its Lease, (3) that has stated in writing that it is not renewing or is terminating, canceling and/or rejecting its applicable Lease (provided, that, with respect to any Lease pursuant to which Tenant is paying to Borrower full and unabated rent after it has delivered such notification to Borrower, Lender shall continue to include such rental income in its calculation of Underwritable Cash Flow until the first to occur of (I) with respect to a non-renewal, the date required under such Lease for Tenant to exercise its notice of renewal and (II) with respect to a termination, cancellation or rejection, three (3) months prior to the termination date, cancellation date and/or rejection date of the Lease) and/or (4) whose tenancy at the Property is month-to-month and (C) to reflect only those Properties that have not been released from the liens of the Security Instruments at the time of such calculation of Underwritable Cash Flow.
Cash Flow Adjustments means adjustments made by Lender in its calculation of Underwritable Cash Flow and the components thereof, in each case, based upon Lender and Rating Agency underwriting criteria, which such adjustments shall include, without limitation, adjustments (A) for (i) items of a non-recurring nature, (ii) a credit loss/vacancy allowance equal to the greatest of actual, underwritten and market vacancy, (iii) imminent liabilities and/or other expense increases (including, without limitation, imminent increases to Taxes and Insurance Premiums) and (iv) above-market Rents; and (B) to exclude rental income attributable to any Tenant (1) in bankruptcy that has not affirmed its Lease in the applicable bankruptcy proceeding pursuant to a final, non-appealable order of a court of competent jurisdiction, (2) in default under its Lease beyond any applicable notice and cure periods, (3) that has expressed its intention (directly, constructively or otherwise) to not renew, terminate, cancel and/or reject its applicable Lease, (4) whose tenancy at the Property is month-to-month and/or (5) under a Lease which expires within 60 days or less of the applicable date of calculation hereunder.
Cash Flow Adjustments means adjustments made by Lender in its calculation of Underwritable Cash Flow and the components thereof, in each case, based upon Lender and Rating Agency underwriting criteria, which such adjustments shall include, without limitation, adjustments (A) for (i) items of a non-recurring nature, (ii) a credit loss/vacancy allowance equal to the greater of actual vacancy (i.e., the amount (expressed as a percentage) equal to 1.00 minus the occupancy rate) and 30% and (iii) imminent liabilities and/or other expense increases (including, without limitation, imminent increases to Taxes and Insurance Premiums); and (B) to exclude rental income attributable to any Tenant (1) in bankruptcy that has not affirmed its Lease in the applicable bankruptcy proceeding pursuant to a final, non-appealable order of a court of competent jurisdiction, (2) not paying rent under its Lease or otherwise in default under its Lease beyond any applicable notice and cure periods, and/or (3) that has expressed its intention (directly, constructively or otherwise) to not renew, terminate, cancel and/or reject its applicable Lease.