Cumulative Retained Excess Cash Flow the amount (if any) of Cumulative Excess Cash Flow that (a) was not required to be applied to prepay the Loans pursuant to subsection 3.4(b), and (b) was not previously applied to permit a Restricted Payment (to the extent of the amount of such Restricted Payment that then remains outstanding). The Borrower shall promptly notify the Administrative Agent of any application of such amount as contemplated by clause (b) above.
Cumulative Retained Excess Cash Flow means, on any date of determination, the excess of (a) the cumulative amount of Excess Cash Flow for each full fiscal year of the Borrower ended on or prior to such date, commencing with the fiscal year ending on April 26, 2014, minus (b) the portion of such Excess Cash Flow which was required to be applied to prepay Term Loans pursuant to Section 2.13(c) (without giving effect to clause (y) thereof).
Cumulative Retained Excess Cash Flow means, at any date, the aggregate cumulative amount, not less than zero, of Retained Excess Cash Flow for all fiscal years (commencing with the fiscal year ended September 30, 2012) ending on or prior to such date.
Examples of Cumulative Retained Excess Cash Flow 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 Retained Excess Cash Flow 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.
In addition to the foregoing Capital Expenditures, the Borrower and its Subsidiaries may make additional Capital Expenditures in an aggregate amount up to the Cumulative Retained Excess Cash Flow.
No later than one hundred (100) days after the end of each Excess Cash Flow Period, a certificate of a Responsible Officer of the Borrower containing information regarding the calculation of Excess Cash Flow and Cumulative Retained Excess Cash Flow in reasonable detail for such Excess Cash Flow Period.
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 Retained Excess Cash Flow 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.
Eliminated $1,513 payment that served 40 cases annually.(726,200)25.
More Definitions of Cumulative Retained Excess Cash Flow
Cumulative Retained Excess Cash Flow means, at any time, (a) the aggregate cumulative sum of the Retained Percentage of the Excess Cash Flow for all Excess Cash Flow Periods ending after the Effective Date and prior to such date, minus (b) the aggregate amount of Investments made pursuant to Section 6.04(l), Restricted Payments made pursuant to Section 6.07(g) and payments of Junior Indebtedness made pursuant to Section 6.09(b)(i)(B), in each case made prior to such time.
Cumulative Retained Excess Cash Flow. (a) the cumulative amount of Consolidated Excess Cash Flow for all Fiscal Years completed after the Closing Date (including, for Fiscal Year 2020, the period from the Closing Date through December 31, 2020), less (b) the portion of such Consolidated Excess Cash Flow that has been (or is required to be) applied after the Closing Date and prior to such determination to the prepayment of Loans in accordance with Section 5.8.4 and any other Debt permitted to be repaid with Consolidated Excess Cash Flow in accordance with Section 5.8.7 in accordance with the terms thereof (but excluding for purposes of this clause (b) any Consolidated Excess Cash Flow that constitutes Declined Proceeds) less (c) any amount of Cumulative Retained Excess Cash Flow that has been used to make Distributions in accordance with Section 10.2.3(e)(y) and Investments in accordance with Section 10.2.4(k)(y) hereof.
Cumulative Retained Excess Cash Flow the amount (if any) of Cumulative Excess Cash Flow that (a) was not required to be applied to prepay the Term Loans pursuant to subsection 3.4(b) of the Term Loan Credit Agreement (or, should the subsection numbering or organization of the Term Loan Credit Agreement be changed following an amendment thereto, the corresponding subsection of the Term Loan Credit Agreement), and (b) was not previously applied to permit a Restricted Payment (to the extent of the amount of such Restricted Payment that then remains outstanding). The Borrower Representative shall promptly notify the Administrative Agent of any application of such amount as contemplated by clause (b) above.
Cumulative Retained Excess Cash Flow means, as at any date of determination, an amount (not less than zero) determined on a cumulative basis, equal to (a) the aggregate cumulative sum of the Retained ECF Percentage of Consolidated Excess Cash Flow for each Fiscal Year of the Borrower (commencing with the first full Fiscal Year ending after the Closing Date but not less than zero in any Fiscal Year), minus (b) the aggregate principal amount of all prepayments, repayments and purchases of Loans and other Pari Passu Lien Indebtedness applied pursuant to clauses (ii) and (iii) of Section 2.14(d) to reduce the calculation of the Consolidated Excess Cash Flow payment under Section 2.14(d) for all Fiscal Years ending after December 31, 2025 and prior to such date.
Cumulative Retained Excess Cash Flow means, as of any time of determination, the sum of, for each ECF Period for which the prepayment pursuant to Section 2.11(d) has been made (or, in the case of an ECF Period in respect of which no prepayment pursuant to Section 2.11(d) is required, for which 90 days have passed since the end of such ECF Period), an amount (if positive) equal to the Consolidated Excess Cash Flow for such ECF Period minus the Applicable ECF Percentage of such Consolidated Excess Cash Flow, all of the foregoing on a cumulative basis for all such ECF Periods prior to such time of determination.
Cumulative Retained Excess Cash Flow means, on any date of determination, the excess of (a) the cumulative amount of Excess Cash Flow for each full fiscal year of the Borrower ended on or prior to such date, commencing with the fiscal year ending on April 26, 2014 (provided that for purposes of this definition, the period between April 25, 2015 and December 26, 2015 shall count as a full fiscal year), minus (b) the portion of such Excess Cash Flow which was required to be applied to prepay Term Loans pursuant to Section 2.13(c) (without giving effect to clause (y) thereof).
Cumulative Retained Excess Cash Flow means (a) as of any date of measurement prior to the date on which the mandatory prepayment from Consolidated Excess Cash Flow is required to be made pursuant to Section 2.05(b)(i) for the fiscal year ended December 31, 2020, $0 and (b) as of any date of measurement thereafter, the aggregate amount of Consolidated Excess Cash Flow for December 31, 2020 and each succeeding fiscal year that is (in each such year) not required to be used to make a mandatory prepayment pursuant to Section 2.05(b)(i) (with each fiscal year being added to Cumulative Retained Excess Cash Flow on the date that the mandatory prepayment from Consolidated Excess Cash Flow is required to be made pursuant to Section 2.05(b)(i) for such fiscal year). For the avoidance of doubt, the amount of Consolidated Excess Cash Flow not required to be used to make a mandatory prepayment pursuant to Section 2.05(b)(i) in any fiscal year shall be equal to 100% minus the percentage of Consolidated Excess Cash Flow applicable to such year (i.e., 50%, 25% or 0%) pursuant to Section 2.05(b)(i) times Consolidated Excess Cash Flow for such fiscal year.