Cumulative Growth Amount means, on any date of determination, the sum of, without duplication, (A) 50% of Cumulative Consolidated Net Income (or, in the case Cumulative Consolidated Net Income at the time of determination is a deficit, minus 100% of such deficit), provided that, for purposes of Sections 7.06(i) and 7.13(a)(v), the amount in this clause (A) shall only be available if the Total Leverage Ratio as set forth in the most recent Compliance Certificate received by the Administrative Agent pursuant to Section 6.02(b) was less than 5.0:1, determined on a Pro Forma Basis after giving effect to any Restricted Payment or prepayment, redemption or repurchase actually made pursuant to Sections 7.06(i) or 7.13(a)(v), plus (B) the amount of Net Cash Proceeds of Permitted Equity Issuances (other than Permitted Equity Issuances made pursuant to Section 8.05) after the Original Closing Date to the extent that such Net Cash Proceeds shall have been actually received by the Borrower (including through capital contribution of such Net Cash Proceeds by Holdings to the Borrower) on or prior to such date of determination and to the extent not used to reduce Capital Expenditures pursuant to clause (ix) of the definition thereof and not used to make Restricted Payments pursuant to Section 7.06(f), plus (C) the amount of Net Cash Proceeds from the issuance of Permitted Holdco Debt after the Original Closing Date to the extent that such Net Cash Proceeds shall have been actually received by the Borrower (including through capital contribution of such Net Cash Proceeds by Holdings to the Borrower) on or prior to such date of determination plus (D) an amount equal to any repayments, interest, returns, profits, distributions, income and similar amounts actually theretofore received in cash in respect of any Investment made since the Original Closing Date pursuant to Section 7.02(o), minus (E) the sum at the time of determination of (i) the aggregate amount of Investments made since the Original Closing Date pursuant to Section 7.02(o), (ii) the aggregate amount of Restricted Payments made since the Original Closing Date pursuant to Section 7.06(i) and (iii) the aggregate amount of prepayments, redemptions or repurchases made since the Original Closing Date pursuant to Section 7.13(a)(v).
Cumulative Growth Amount means, as of any date, (a) an amount, not less than zero, equal to 75% of the sum of (i) “Net cash provided by (used in) operating activities” as set forth on the statement of cash flows of the Parent and its consolidated Subsidiaries as reported in the Parent's Quarterly or Annual Report(s) on Form 10-Q or 10-K filed with the SEC for the period (taken as one accounting period) from January 1, 2011 to the last day of the most recent fiscal quarter or fiscal year of the Parent, as the case may be, for which financial statements have been delivered or deemed delivered pursuant to Section 6.1, plus (ii) “Net cash provided by (used in) investing activities”, net of acquisitions or liquidations of investments in Marketable Securities on the sector statement of cash flows of the Parent and its consolidated Subsidiaries as reported in such Quarterly Report(s) or Annual Report(s) for such period, minus (b) the aggregate amount of Restricted Payments made pursuant to clause (k) of Section 7.6 prior to such date (other than any such Restricted Payments made during an Unrestricted Payment Period).
Examples of Cumulative Growth Amount in a sentence
If more than one action occurs on any given date the permissibility of the taking of which is determined hereunder by reference to the amount of the Cumulative Growth Amount immediately prior to the taking of such action, the permissibility of the taking of such action shall be determined independently and in no event may any two or more such actions be treated as occurring simultaneously.
If more than one action occurs on any given date the permissibility of the taking of which is determined hereunder by reference to the amount of the Cumulative Growth Amount immediately prior to the taking of such action, the permissibility of the taking of each such action shall be determined independently and in no event may any two or more such actions be treated as occurring simultaneously.
For purposes of calculating the Cumulative Growth Amount and the amount of Restricted Payments that may be made pursuant to clause (k) of this Section 7.6, Restricted Payments made during an Unrestricted Payment Period shall be excluded.
If more than one action occurs on any given date the permissibility of the taking of which is determined hereunder by reference to the amount of the Cumulative Growth Amount immediately prior to the taking of such action, the permissibility of the taking of each such action shall be determined independently and in no event may any two or more of such actions be treated as occurring simultaneously.
More Definitions of Cumulative Growth Amount
Cumulative Growth Amount means, on any date of determination, the sum (without duplication) of (A) 50% of Cumulative Consolidated Net Income (or, in the case Cumulative Consolidated Net Income at the time of determination is a deficit, minus 100% of such deficit) and (B) an amount equal to any repayments, interest, returns, profits, distributions, income and similar amounts actually theretofore received in cash in respect of any Investment made since the Closing Date pursuant to Section 7.02(o), minus (C) the sum at the time of determination of (i) the aggregate amount of Investments made since the Closing Date pursuant to Section 7.02(o), (ii) the aggregate amount of Restricted Payments made since the Closing Date pursuant to Section 7.06(h) and (iii) the aggregate amount of prepayments, redemptions or repurchases of Subordinated Indebtedness made since the Closing Date pursuant to Section 7.15.
Cumulative Growth Amount on any date of determination, (a) the sum of the percentage of Excess Cash Flow for each fiscal year (or, in the case of the fiscal year ending June 30, 2007, for the period from the Closing Date to June 30, 2007) of Holdings (but not less than zero in any fiscal year), commencing with the fiscal year ending June 30, 2007, that was not required to be applied to prepay any of the Loans pursuant to Section 2.11(d) minus (b) the sum of (i) the aggregate amount of dividends paid by the US Borrower since the Closing Date pursuant to Section 7.6(e) and (ii) the aggregate amount of payments made in respect of Unsecured Notes since the Restatement Effective Date pursuant to Section 7.18(c) (other than, for the avoidance of duplication, any payments made under such Section by Holdings with respect to Unsecured Notes issued by Holdings to the extent financed with the proceeds of dividends paid by the US Borrower to Holdings under Section 7.06(e)).
Cumulative Growth Amount means, on any date of determination, the sum of, without duplication, (a) (i) $50,000,000 plus (ii) 50% of the aggregate amount of Consolidated Net Income (or, if the Consolidated Net Income is a loss, minus 100% of the amount of the loss) accrued on a cumulative basis during the period, taken as one accounting period, beginning on March 31, 2014 and ending on the last day of the Company’s most recently completed fiscal quarter for which financial statements have been provided pursuant to this Agreement, plus
Cumulative Growth Amount means, as of any date, (a) an amount, not less than zero, equal to 75% of the sum of (i) “Net cash provided by (used in) operating activities” as set forth on the statement of cash flows of the Parent and its consolidated Subsidiaries as reported in the Parent's Quarterly or Annual Report(s) on Form 10-Q or 10-K filed with the SEC for the period (taken as one accounting period) from January 1, 2011 to the last day of the most recent fiscal quarter or fiscal year of the Parent, as the case may be, for which financial statements have been delivered or deemed delivered pursuant to Section 6.1, plus (ii) “Net cash provided by (used in) investing activities”, net of acquisitions or liquidations of investments in Marketable Securities on the sector statement of cash flows of the Parent and its consolidated Subsidiaries as reported in such Quarterly Report(s) or Annual Report(s) for such period, minus(b) the aggregate amount of Restricted Payments made pursuant to clause (k) of Section 7.6 prior to such date (other than any such Restricted Payments made during an Unrestricted Payment Period).
Cumulative Growth Amount as of any date (a) an amount, not less than zero, equal to 50% of the sum of (i) Automotive “Net Cash Flows from Operating Activities” as set forth on the sector statement of cash flows of the Company and its consolidated Subsidiaries as reported in the Company’s Annual Report(s) on Form 10-K filed with the SEC for the period (taken as one accounting period) from January 1, 2010 to the last day of the most recent fiscal year of the Company for which financial statements have been delivered pursuant to Section 6.1, plus (ii) Automotive “Net Cash (used in) / provided by investing activities” on the sector statement of cash flows of the Company and its consolidated Subsidiaries as reported in such Annual Report(s) for such period, minus (b) the aggregate amount of Restricted Payments made pursuant to Section 7.6(h) prior to such date.
Cumulative Growth Amount means, as of any date (i) an amount, not less than zero, equal to 50% of the sum of (x) Automotive “Net Cash Flows from Operating Activities” as set forth on the sector statement of cash flows of the Borrower and its consolidated Subsidiaries as reported in the Borrower’s Annual Report(s) on Form 10−K filed with the SEC for the period (taken as one accounting period) from January 1, 2010 to the last day of the most recent fiscal year of the Borrower for which financial statements have been delivered pursuant to Section 8.1(a) (Financial Statements), plus (y) Automotive “Net Cash (used in) / provided by investing activities” on the sector statement of cash flows of the Borrower and its consolidated Subsidiaries as reported in such Annual Report(s) for such period, minus (ii) the aggregate amount of Restricted Payments made pursuant to Section 9.6(h) (Restricted Payments) prior to such date.
Cumulative Growth Amount on any date of determination, (a) the sum of 50% of Excess Cash Flow for each fiscal year (or, in the case of the fiscal year ending June 30, 2007, for the period from the Closing Date to June 30, 2007) of Holdings (but not less than zero in any fiscal year), commencing with the fiscal year ending June 30, 2007, that was not required to be applied to prepay any of the Loans pursuant to Section 2.11(d) minus (b) the aggregate amount of Restricted Payments made since the Closing Date pursuant to Section 7.6(e).