Company Excess Cash definition

Company Excess Cash means at any date of determination all cash and Cash Equivalents of the Company (exclusive of any funds set aside for the purchase of additional Mohegan Notes, in accordance herewith, including, without limitation, Section 4.3) less the balance in the Interest Reserve Account less any Group Flow-Through Payment less the Company Reserve Amount plus any interest accrued on the Interest Reserve Account, plus any amounts calculated to be released contemporaneously with any related redemption of the Securities from the Interest Reserve Account that would be available as Company Excess Cash; provided, however, if the principal amount of Securities then outstanding, together with accrued and unpaid interest thereon, is less than $2.0 million, then the Company shall treat all cash and Cash Equivalents of the Company as Company Excess Cash (other than the Estimated Tax Reserve Amount).
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Company Excess Cash means the Net Cash of the Company and its Subsidiaries as of the Closing Date, plus (ii) all Company Merger Expenses paid on or prior to the Closing Date, plus (iii) all legal and other advisor fees, commitment fees, funding fees, arranging fees, prepayment penalties or premiums and other fees, costs, charges and expenses paid by the Company or any of its Subsidiaries on or prior to the Closing Date in connection with the Refinancing.
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Company Excess Cash means an amount equal to (i) the Parent Subscribed Units Purchase Price minus (ii) the Company Debt Repayment Amount minus (iii) the Deemed Estimated Transaction Costs minus (iv) up to $10,000,000 (with the exact amount up to $10,000,000 to be specified by the Company to Parent at least two (2) Business Days prior to the Closing Date) to be retained on the Company’s balance sheet.
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Examples of Company Excess Cash in a sentence

  • If less than all of the Securities are to be redeemed pursuant to Paragraphs 5 or 6 thereof, the Trustee shall select the Securities or portions thereof for redemption on a pro rata basis, by lot or by such other method as the Trustee shall determine to be fair and appropriate; provided, however, that mandatory and optional redemptions from Company Excess Cash will be done as nearly as possible on a pro rata basis.

  • If less than all of the Securities are to be redeemed pursuant to Paragraphs 5, 6 or 7 thereof, the Trustee shall select the Securities or portions thereof for redemption on a pro rata basis, by lot or by such other method as the Trustee shall determine to be fair and appropriate, provided that mandatory and optional redemptions from Company Excess Cash will be done as nearly as possible on a pro rata basis.

  • In addition, if the net proceeds realized from a Sale are greater than is necessary to pay or otherwise satisfy in full all allowed claims against the Company ("Excess Cash"), then the Participants shall receive additional cash payments equal to five percent (5%) of the Excess Cash that would otherwise be available for distribution to holders of allowed pre-petition common stock interests of the Company.

  • Within five (5) Business Days of the Closing Date, the Purchaser and the Company shall pay all Transaction Expenses listed in the Estimated Closing Statement and the Purchaser shall pay to the Seller the Company Excess Cash.


More Definitions of Company Excess Cash

Company Excess Cash means at any date of determination all cash and Cash Equivalents held by the Company in excess of $10 million, provided, however, if the principal amount of Securities then outstanding, together with accrued and unpaid interest and Liquidated Damages, if any, thereon, is less than $10 million, then the Company shall treat all cash and Cash Equivalents held by the Company as Company Excess Cash.
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Company Excess Cash means at any date of determination all cash and Cash Equivalents of the Company (exclusive of any funds in a defeasance account established therefor pursuant to the Old Notes Indenture in accordance with this Indenture including, without limitation, Section 4.3) less the balance in the Interest Reserve Account less any Group Flow-Through Payment less the Company Reserve Amount less any Permitted XXX Distribution; provided, however, if the principal amount of Securities then outstanding, together with accrued and unpaid interest thereon, is less than $2.0 million, then the Company shall treat all cash and Cash Equivalents of the Company as Company Excess Cash (other than the Estimated Tax Reserve Amount).
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Company Excess Cash. Flow" contained in Section 12 of the Credit Agreement shall be amended by (1) deleting the phrase "and (4)" appearing therein and by inserting in lieu thereof the phrase ", (4) payments made pursuant to the Senior Subordinated Notes Redemption and (5)", (2) deleting the phrase "or (n)" appearing therein and by inserting in lieu thereof the phrase ", (n) or (p)" and (3) inserting the phrase "or (vii) and payments made during such period pursuant to Section 10.12(c)" immediately at the end of the first sentence thereof.
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Related to Company Excess Cash

  • Excess Cash all cash and Cash Equivalents of the Borrower and its Subsidiaries at such time determined on a consolidated basis in accordance with GAAP in excess of $25,000,000.

  • Retained Excess Cash Flow Amount means, at any date of determination, an amount, determined on a cumulative basis, that is equal to the aggregate cumulative sum of the Excess Cash Flow that is not required to be applied as a mandatory prepayment under Section 2.11(b)(i) for all Excess Cash Flow Periods ending after the Closing Date and prior to such date; provided that such amount shall not be less than zero for any Excess Cash Flow Period.

  • Excess Cash Amount means, as of any Excess Cash Measurement Date, (a) the total amount of Unrestricted Cash, less (b) the sum of (i) the applicable Minimum Cash Threshold hereto corresponding to such Excess Cash Measurement Date, (ii) the total amount of scheduled payments due by OEC and its Subsidiaries, taken as a whole, under (x) the New Notes and (y) any other Permitted Indebtedness in each case in the subsequent twelve (12) month period, (iii) projected expenses for the Issuer to conduct its operations during the subsequent twelve (12) month period, including any foreign currency conversion expenses and (iv) for any Excess Cash Measurement Date through (and including) December 31, 2024, any Fines due by OEC and its Subsidiaries for the subsequent twelve (12) month period; less (c) an amount equal to the Required Gross-Up; provided that any items already deducted from cash and short-term investments of OEC and its Subsidiaries for purposes of determining Unrestricted Cash shall not be deducted again for purposes of determining the Excess Cash Amount.

  • Net Monthly Excess Cash Flow For any Distribution Date the amount remaining for distribution pursuant to subsection 4.02(a)(iii) (before giving effect to distributions pursuant to such subsection).

  • Net Monthly Excess Cashflow With respect to each Distribution Date, the sum of (a) any Overcollateralization Release Amount for such Distribution Date and (b) the excess of (x) Available Funds for such Distribution Date over (y) the sum for such Distribution Date of (A) the Monthly Interest Distributable Amounts for the Class A Certificates and the Mezzanine Certificates, (B) the Unpaid Interest Shortfall Amounts for the Class A Certificates and (C) the Principal Remittance Amount.

  • Monthly Excess Cashflow For any Distribution Date, an amount equal to the sum of the Monthly Excess Interest and Overcollateralization Release Amount, if any, for such date.

  • Retained Excess Cash Flow means, at any date of determination, an amount, equal to the aggregate cumulative sum of the Retained Percentage of Excess Cash Flow for the Excess Cash Flow Periods ended on or prior to such date.

  • Cumulative Excess Cash Flow means the sum of Excess Cash Flow (but not less than zero in any period) for the fiscal year ending on December 31, 2013 and Excess Cash Flow for each succeeding completed fiscal year.

  • Cumulative Retained Excess Cash Flow Amount means, at any date, an amount, not less than zero in the aggregate, determined on a cumulative basis equal to the aggregate cumulative sum of the Retained Percentage of Excess Cash Flow for all Excess Cash Flow Periods ending after the Closing Date and prior to such date.

  • Excess Cash Flow Period means each fiscal year of the Borrower, commencing with the fiscal year of the Borrower ending on December 31, 2016.

  • Excess Cash Flow Percentage 50%; provided that the Excess Cash Flow Percentage shall be reduced to (a) 25% if the Consolidated Total Leverage Ratio as of the last day of the relevant fiscal year is not greater than 3.75 to 1.00 and (b) to 0% if the Consolidated Total Leverage Ratio as of the last day of the relevant fiscal year is not greater than 2.25 to 1.00.

  • Excess Cash Flow means, for any period, an amount equal to the excess of:

  • Excess Cash Payment Date means the date occurring 95 days after the last day of each Fiscal Year of Holdings (commencing with the Fiscal Year of Holdings ended December 31, 2010).

  • Quarterly Excess Available Funds Percentage means, with respect to the March 2008 Transfer Date and each Transfer Date thereafter, the percentage equivalent of a fraction the numerator of which is the sum of the Excess Available Funds Percentages with respect to the immediately preceding three Monthly Periods and the denominator of which is three.

  • Excess Cash Flow Application Date as defined in Section 2.12(c).

  • Excess Cash Flow Payment Period means, with respect to the repayment required on each Excess Cash Flow Payment Date, the immediately preceding fiscal year of the Borrower.

  • Excess Cash Flow Payment Date means the date occurring 90 days after the last day of a fiscal year of the Parent (commencing with its fiscal year ending December 31, 2000).

  • Excess Cashflow With respect to any Distribution Date, an amount, if any, equal to the sum of (a) the Remaining Excess Spread for such Distribution Date and (b) the Overcollateralization Release Amount for such Distribution Date.

  • Group II Available Funds As defined in Section 7.3(a)(ii) hereof.

  • Seller Remittance Amount With respect to each Servicer, the meaning assigned to such term in the related Servicing Agreement.

  • Group II Interest Remittance Amount With respect to any Distribution Date, that portion of the Available Funds for such Distribution Date attributable to interest received or advanced with respect to the Group II Mortgage Loans.

  • Total Monthly Excess Spread As to any Distribution Date, an amount equal to the excess if any, of (i) the interest on the Mortgage Loans received by the Servicer on or prior to the related Determination Date or advanced by the Servicer for the related Remittance Date (net of Expense Fees) over (ii) the sum of the amounts payable to the Certificates pursuant to Section 4.02(a)(i) on such Distribution Date.

  • Quarterly Excess Spread Percentage means, for each Determination Date, the percentage equivalent of a fraction the numerator of which is the sum of the Excess Spread Percentages with respect to the immediately preceding three Monthly Periods and the denominator of which is three.

  • REMIC I Available Distribution Amount For each Loan Group for any Distribution Date, the sum of the following amounts with respect to the Mortgage Loans in such Loan Group:

  • Consolidated Excess Cash Flow means, for any period, an amount (if positive) equal to:

  • REMIC II Available Distribution Amount For any Distribution Date, the amount distributed from REMIC I to REMIC II on such Distribution Date in respect of the REMIC I Regular Interests.