Consolidated Available Cash definition

Consolidated Available Cash means, as of any date of determination, the aggregate amount of Unrestricted cash and Cash Equivalents held by the Loan Parties as of such date (excluding (for the avoidance of doubt) any cash held by Joint Ventures or the Black business unit). For purposes hereof, “Unrestricted” means, when referring to cash and Cash Equivalents held by the Loan Parties, that such cash and Cash Equivalents (i) do not appear or would not be required to appear as “restricted” on the financial statements of the Loan Parties and (ii) are not subject to a Lien (other than a Lien permitted under Section 7.01(m) or (n)) in favor of any Person other than the Administrative Agent or any Lender pursuant to the Loan Documents; provided, that, Consolidated Available Cash shall not exceed $50,000,000 at any time of determination.

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Consolidated Available Cash means, as of any date of determination, the aggregate amount of Unrestricted cash and Cash Equivalents held by the Loan Parties as of such date (excluding (for the avoidance of doubt) any cash held by Joint Ventures or the Black business unit) so long as such Unrestricted cash and Cash Equivalents are subject to a validly existing Control Agreement, in form and substance reasonably satisfactory to the Administrative Agent, duly executed by the applicable Loan Party that is the owner of the account holding such cash or Cash Equivalents and the depositary institution (including any Lender) for such account. For purposes hereof, “Unrestricted” means, when referring to cash and Cash Equivalents held by the Loan Parties, that such cash and Cash Equivalents (i) do not appear or would not be required to appear as “restricted” on the financial statements of the Loan Parties and (ii) are not subject to a Lien (other than a Lien permitted under Section 7.01(m)) in favor of any Person other than the Administrative Agent or any Lender pursuant to the Loan Documents; provided, that, Consolidated Available Cash shall not exceed $50,000,000 at any time of determination.

Consolidated Available Cash means, as of any date of determination, the aggregate amount of Unrestricted cash and Cash Equivalents held by the Loan Parties as of such date (excluding any cash held by Joint Ventures or the Black business unit). For purposes hereof, “Unrestricted” means, when referring to cash and Cash Equivalents held by the Loan Parties, that such cash and Cash Equivalents (i) do not appear or would not be required to appear as “restricted” on the financial statements of the Loan Parties and (ii) are not subject to a Lien in favor of any Person other than the Administrative Agent or any Lender pursuant to the Loan Documents.

Examples of Consolidated Available Cash in a sentence

In addition, notwithstanding Section 7.1 of this Agreement the failure to make the Scheduled Monthly Repayment in full on such Repayment Date shall not constitute an Event of Default, if both (i) no Event of Default or Potential Event of Default shall have otherwise occurred and (ii) the Company has on any Repayment Date set forth above repaid in respect of the Obligations the greater of (A) all of the Company's Consolidated Available Cash and (B) $350,000.
At any time any Revolving Credit Loans or Swing Line Loans are outstanding, permit Consolidated Available Cash to exceed $30,000,000 for any period of five (5) consecutive Business Days.
Maker shall notify Payee not later than 90 days after the end of each fiscal year of Maker ending after the date of this Note of its calculation of Consolidated Available Cash Flow for such fiscal year (whether or not any amounts will be due and payable hereunder in respect thereof), with reasonable support for such calculation.
Maker shall notify ▇▇▇▇▇▇▇, as agent for Payee, not later than 90 days after the end of each fiscal year of Maker ending after the date of this Note of its calculation of Consolidated Available Cash Flow for such fiscal year (whether or not any amounts will be due and payable hereunder in respect thereof), with reasonable support for such calculation.

More Definitions of Consolidated Available Cash

Consolidated Available Cash means for any period, an amount of Cash and Cash Equivalents equal to (a) Consolidated Excess Cash Flow, plus (b) the scheduled repayments of the Loans pursuant to Section 2.4A of this Agreement, plus (c) the amounts referred to in clause (f) of the definition of "Consolidated Excess Cash Flow".