Cumulative Available Amount means, as of any date of determination, the sum (without duplication) of:
Cumulative Available Amount means, as of any date of determination, an amount (which shall not be less than zero) equal to the sum (without duplication) of:
Cumulative Available Amount means, as of any date of determination, an amount equal to (a) the sum of, without duplication, (i) an amount equal to fifty percent (50%) of the cumulative amount of Excess Cash Flow for each fiscal year of the Borrower (commencing with the portion of the 2015 fiscal year (beginning with the first full fiscal quarter ending after the Closing Date) occurring after the Closing Date) ending prior to the date of determination for which financial statements have been delivered pursuant to Section 6.01(a), plus (ii) one hundred percent (100%) of the net cash proceeds received by the Borrower prior to the date of determination from issuances after the Closing Date of Qualified Capital Stock of the Borrower (solely to the extent such net cash proceeds are Not Otherwise Applied), plus (iii) the amount of any Investment made following the Closing Date in reliance on the Cumulative Available Amount to the extent that it is returned in cash prior to the date of determination from a partial or total sale of such Investment (other than any such sale to the Borrower or any Restricted Subsidiary), plus (iv) the amount of returns, profits, dividends or interest received in cash prior to the date of determination with respect to any Investment made following the Closing Date in reliance on the Cumulative Available Amount (other than any such amounts received from the Borrower or any Restricted Subsidiary), plus (v) cash distributions from joint ventures (other than any Restricted Subsidiary) received by the Borrower or any of its Restricted Subsidiaries following the Closing Date but prior to the date of determination, minus (b) the sum of (i) the cumulative aggregate amount of all Investments made in reliance on the Cumulative Available Amount pursuant to Section 7.03(q), plus (ii) the cumulative aggregate amount of all Restricted Payments made in reliance on the Cumulative Available Amount pursuant to Section 7.06(d) plus (iii) the cumulative aggregate amount of all Junior Debt Payments made in reliance on the Cumulative Available Amount pursuant to Section 7.14(d).
More Definitions of Cumulative Available Amount
Cumulative Available Amount as of any date of determination, an amount equal to the sum (without duplication) of:
Cumulative Available Amount means, on any date of determination, the sum of (without duplication): the greater of (i) $5,000,000 and (ii) 16.0% of Trailing EBIDTA at such(a) time; plus Excess Cash Flow for each Fiscal Year of the U.S. Borrower not required to be(b) applied to prepay Term Loans pursuant to Section 2.8(a), commencing with the Fiscal Year of the U.S. Borrower ended December 31, 2020; plus an amount equal to any returns (including dividends, interest, distributions,(c) returns of principal, profits on sale, repayments, income and similar amounts) actually received by the U.S. Borrower or any Restricted Subsidiary in respect of any Investments made pursuant to Section 8.3(q); plus Eligible Equity Proceeds (other than to the extent (i) used to fund Specified(d) Equity Contributions or constituting an Available Excluded Contribution Amount or (ii) received from the U.S. Borrower or any Restricted Subsidiary); plus an amount equal to the sum of (i) the Investments pursuant to Section 8.3(g)(e) made by the U.S. Borrower and its Restricted Subsidiaries in any Unrestricted Subsidiary that has been re-designated as a Restricted Subsidiary or that has been merged or consolidated with or into the U.S. Borrower or any of its Restricted Subsidiaries (up to the fair market value (as determined in good faith by the U.S. Borrower) of the original Investments by the U.S. Borrower and its Restricted Subsidiaries in such Unrestricted Subsidiary) and (ii) the fair market value (as determined in good faith by the U.S. Borrower) of the assets of any Unrestricted Subsidiary that have been transferred, conveyed or otherwise distributed to the U.S. Borrower or any of its Restricted Subsidiaries (up to the fair market value (as determined in good faith by the U.S. Borrower) of the original Investments by the U.S. Borrower and its Restricted Subsidiaries in such Unrestricted Subsidiary); plus any amount of mandatory prepayments required to be prepaid pursuant to(f) Section 2.8 that have been declined by Lenders pursuant to Section 2.8(h) and retained by the U.S. Borrower pursuant to Section 2.8(h); in each case, to the extent Not Otherwise Applied. “Customary Permitted Liens” means, with respect to any Person, any of the following: Liens (i) with respect to the payment of taxes, assessments or other(a) governmental charges or (ii) of suppliers, carriers, materialmen, warehousemen, workmen or mechanics and other similar Liens, in each case, imposed by law or arising in the ordinary course of busin...
Cumulative Available Amount means, as of any date of determination, the excess of (a) the amount of net cash proceeds received by NxStage from the sale or issuance of common stock of NxStage in connection with the exercise of stock options held by officers and employees of NxStage and its Subsidiaries during the period from and including the Closing Date through and including such date of determination, minus (b) the aggregate amount of such net cash proceeds used since the Closing Date and prior to such date of determination to make Restricted Payments pursuant Section 5.11(b).
Cumulative Available Amount means the sum of (i) $100,000,000 per fiscal year, commencing with the fiscal year that commenced on January 1, 2023, (ii) the aggregate amount of Net Cash Proceeds received by the Borrower from Capital Stock issuances after the Closing Date (other than any issuance of Redeemable Stock), (iii) the aggregate amount received by the Borrower in cash as returns on Investments that were originally made in reliance on the Cumulative Available Amount and (iv) 50% of Consolidated Net Income of the Borrower and its consolidated Subsidiaries determined in accordance with GAAP for each fiscal quarter of the Borrower ending after the Closing Date; minus (i) any amount of the Cumulative Available Amount used to make Restricted Payments pursuant to Section 5.16(a)(v) after the Closing Date and prior to such time and (ii) any amount of the Cumulative Available Amount used to make Investments pursuant to Section 5.18(p) after the Closing Date and prior to such time.
Cumulative Available Amount any income (but not loss) of any Restricted Subsidiary (other than the Guarantors) if such Subsidiary is subject to restrictions, directly or indirectly, on the payment of dividends or the making of distributions by such Restricted Subsidiary, directly or indirectly, to the Borrower or a Guarantor by operation of the terms of such Restricted Subsidiary’s articles, charter or any agreement, instrument, judgment, decree, order, statute or governmental rule or regulation applicable to such Restricted Subsidiary or its stockholders (other than restrictions that have been waived or otherwise released), except that the Borrower’s equity in the net income of any such Restricted Subsidiary for such period will be included in such Consolidated Net Income up to the aggregate amount of cash or Cash Equivalents actually distributed (or to the extent converted, or having the ability to be converted, into cash or Cash Equivalents) (subject, in the case of a dividend to another Restricted Subsidiary, to the limitation contained in this clause),
Cumulative Available Amount means, as of any date of determination, the sum (without duplication) of: (a) $300,000,000, plus
Cumulative Available Amount means, at any time, an amount, at such time (which shall not be less than zero) equal to the sum, without duplication, of: