Cash Flow Payment definition

Cash Flow Payment shall have the meaning provided in Section 2.03(A)(c)(iii).

Cash Flow Payment means the payments by the Borrowers to each Holder of an Allowed General Unsecured Claim (as defined in the Plan of Reorganization) as described on Exhibit D (Cash Flow Payment Term Sheet) to the Plan of Reorganization.

Cash Flow Payment has the meaning set forth in Section 7.04(d).

Examples of Cash Flow Payment in a sentence

• The first Excess Cash Flow Payment Amount shall be paid within 30 days of the delivery of the quarterly financials for the fiscal quarter ending in February 2017.

• Any change or new conditions in the permit shall include a reasonable time schedule for compliance.(c) When it can be demonstrated that circumstances exist which would create an unreasonable burden on the person to comply with the time schedule imposed, a request for extension of time maybe presented for consideration of the Village Board.(5) TRANSFER OF A PERMIT.

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• Notwithstanding the foregoing, the requirement to make an Excess Cash Flow Payment for any fiscal quarter shall not apply if Borrower’s Owner’s Equity is greater than or equal to sixty percent (60%), but will be reinstated if Owner’s Equity falls below sixty percent (60%), in each case measured for such fiscal quarter or year end, as the case may be.

• The Excess Cash Flow Payment shall be applied by the Lender to the reduction of the outstanding principal balance of the Term Loan.

• Each Excess Cash Flow Payment made shall be applied first to the reduction of the outstanding principal of any variable rate Term Loan and then to the reduction of the outstanding principal balance of the Term Revolving Loan.

• In addition to all other payments of principal and interest required under this Section and under this Agreement, the Borrower shall annually remit to Lender the Excess Cash Flow Payment pursuant to Section 2.17.

• No Excess Cash Flow Payment shall constitute a prepayment with respect to which a prepayment fee under this Agreement is required to be paid.

• If the payment of any Excess Cash Flow Payment would result in a Default or an Event of Default under this Agreement, then that Excess Cash Flow Payment required to be paid for that year shall be reduced by an amount necessary to permit a payment, if any, that would not result in a Default or Event of Default under this Agreement.

• Any Excess Cash Flow Payment or any other payment from Excess Cash Flow shall not constitute a prepayment with respect to which a prepayment fee under Section 2.10 of the MLA is required to be paid.

More Definitions of Cash Flow Payment

Cash Flow Payment means 77.091% of Easton's EBITDA during the fiscal quarter preceding the fiscal quarter for which the Cash Flow Payment is measured; provided, however, that for the first three Regularly Scheduled Payment Dates the Cash Flow Payment means 77.091% of three times Easton's EBITDA during the month preceding the Regularly Scheduled Payment Date. "Payment Ceiling" means the Note Payment, provided that (1) if the Cash Flow Payment was used to determine a Quarterly Payment Amount, the Payment Ceiling for subsequent Quarterly Payment Amount determinations will be increased by the amount, if any, that the Note Payment exceeded the Cash Flow Payment for such Quarterly Payment Amount, but only if there is a positive balance of the Unused EBITDA and (2) the Payment Ceiling will be decreased by the amount of any Used EBITDA. "Note Payment" means $_________ per fiscal quarter. "Unused EBITDA" means 96.364% of (a) the sum of the EBITDA for all complete fiscal quarters since January 1, 2003; minus (b) the number of complete fiscal quarters since January 1, 2003 multiplied by $208,992; minus (c) any Used EBITDA. "Used EBITDA" means sum of the amounts, if any, by which any Quarterly Payment Amount exceeds the Note Payment. On and after the first Regularly Scheduled Payment date after any adjustment to the face value of this Note pursuant to Section 2.3.1 of the Purchase Agreement, the remaining outstanding principal of this Note (after giving effect to such adjustment) and accrued interest thereon will be amortized and paid in equal monthly installments over a 30 month period commencing on the date of such adjustment. EXAMPLE: FOR FIRST QUARTER 2003: Assume that during December, 2002, the Company's EBITDA is $75,000. This will result in a Cash Flow Payment as calculated in January, 2003, of $173,454.75 ($75,000 multiplied by 3 multiplied by 77.091%). Meanwhile, the Payment Ceiling will not increase because there have not been any payments where the Cash Flow Payment was less than the Note Payment and because Unused EBITDA only includes complete fiscal quarters after January 1, 2003. Because the Payment Ceiling (which will be equal to the Note Payment) is less than the Cash Flow Payment, the payment for January, 2003, will be one-third of the Payment Ceiling. (If instead the Cash Flow Payment were less than the Note Payment, the payment for January, 2003, would be equal to one-third of the Cash Flow Payment, but there would be no adjustment to Unused EBITDA or the Payment Cei...

Cash Flow Payment means, for any Cash Flow Payment Date, an amount equal to fifty percent (50%) of Borrower’s Cash Flow for the fiscal quarter ending as of such Cash Flow Payment Date; (b) the term “Cash Flow” means, for any period, the net earnings (or loss) after taxes of Borrower for such period determined in accordance with GAAP (“Net Income”), plus all non-cash items reducing Net Income, minus all non-cash items increasing Net Income; provided, however, that if, for any period, such amount is less than zero, then Cash Flow for such period shall be equal to zero; (c) the term “Fair Market Value” means, as of a particular date, (i) if the Common Stock is traded on a national securities exchange, the average closing sales price reported for the immediately preceding ten days, (ii) if the Common Stock is traded on the OTC Bulletin Board, the mean of the average closing bid price and the average closing ask price reported for the immediately preceding ten days, or (iii)

Cash Flow Payment shall have the meaning set forth in Section 1.8 hereof." "CRESCENT SALE: shall have the meaning set forth in Section 7.1(n) hereof." "EXCLUDED ITEMS: shall have the meaning set forth in Section 1.2(c)." "GE SALE: shall have the meaning set forth in Section 6.1 hereof." "FAIRLANE: shall have the meaning set forth in Section 6.1(o) hereof." "FAIRLANE SALE: shall have the meaning set forth in Section 6.1(n) hereof." "MATURITY DATE: shall have the meaning set forth in subsection 1.5(b) hereof." "NET FREE CASH FLOW: shall have the meaning set forth in Section 1.8(b) hereof." "NON-OWNED EXCLUDED ITEM shall have the meaning set forth in subsection 1.2 hereof." "NUVELL SALE: shall have the meaning set forth in Section 6.1(n) hereof." "PASS THROUGH SALE: shall have the meaning set forth in Section 6.1(o) hereof." "PENS: shall have the meaning set forth in Section 6.5 hereof." "RISRS: shall have the meaning set forth in Section 6.5 hereof." "STANWICH SUBORDINATED DEBT: shall have the meaning set forth in Section 6.5 hereof."

Cash Flow Payment means, for any Cash Flow Payment Date, an amount equal to fifty percent (50%) of Borrower’s Cash Flow for the fiscal quarter ending as of such Cash Flow Payment Date; (b) the term “Cash Flow” means, for any period, the net earnings (or loss) after taxes of Borrower for such period determined in accordance with GAAP (“Net Income”), plus all non-cash items reducing Net Income, minus all non-cash items increasing Net Income; provided, however, that if, for any period, such amount is less than zero, then Cash Flow for such period shall be equal to zero; and (c) the term “Net Proceeds” means with respect to any sale or disposition of property or assets (tangible or intangible) (an “asset disposition”), the gross proceeds, whether received in cash or otherwise, received, on or after the date of consummation of such asset disposition, by Borrower from such asset disposition, after payment of all usual and customary brokerage commissions and all other reasonable fees and expenses related to such asset disposition (including, without limitation, reasonable attorneys’ fees and closing costs and reasonable environmental remediation costs incurred in connection with such asset disposition).

Cash Flow Payment shall have the meaning set forth in Section 1.8 hereof."

Cash Flow Payment means that certain amount, if any, set forth in the Project Facts Section, which is to be paid by Owner to the County in addition to the Annual Payment and any other payments under this Agreement.