Cure Cap definition

Cure Cap means $50,000, which is the maximum amount that shall be paid from the Consideration to fund Cure Amounts.
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Cure Cap shall have the meaning set forth in Section 2.1(e).
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Cure Cap shall have the meaning set forth in Section 5.11.
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Examples of Cure Cap in a sentence

  • Within ten (10) Business Days after the Effective Date, the Distribution Trustee shall pay from the Consideration all Cure Amounts related to Executory Contracts listed on the Cure Notice, other than Disputed Cure Amounts, up to and including the amount of the Cure Cap; the Plan Sponsor shall pay all Cure Amounts that exceed the Cure Cap.

  • Upon objection by the non-debtor party to any Assumed Contract, Purchaser or, upon prior written request of Purchaser, Seller shall either settle the objection of such party (subject to approval of Purchaser if such settlement sets a higher Cure Amount than the applicable Cure Cap for such Assumed Contract) or shall litigate such objection under procedures as the Bankruptcy Court shall approve and proscribe.

  • Notwithstanding the foregoing, in no event shall Seller be obligated to pay a Pre-Petition Cure Amount for any Assumed Contract that is in excess of the corresponding Cure Cap.

  • The Cure Costs with respect to any Non-Assumed Contract that becomes an Assigned Contract shall be paid by Seller, subject to the Cure Cap, upon the later of (a) as soon as practicable after such Cure Costs are finally determined by the Bankruptcy Court and (b) as soon as practicable after the effectiveness of the assumption and assignment of such Assigned Contract.

  • If Seller elects to use reasonable efforts to cure any one or more of Purchaser Title Objections, Seller shall in no event be required to bring or settle a lawsuit to clear any title defects and, except for Seller Mortgages, Seller shall never be required to expend more than the amount of the Title Cure Cap to cure all Purchaser Title Objections.

  • It is important to note that this RFI is not a Request for Proposal (RFP).

  • For the avoidance of doubt, all Cure Amounts and Employee Costs in excess of the Cap Amount shall be paid by Seller subject to the Excess Cure Cap Amount.

  • Seller shall be responsible for any Cure Amounts or ad valorem taxes accrued prior to calendar year 2015 exceeding the Cure Cap and shall retain any balance of the Cure Cap not used to fund the Cure Amounts.

  • In the event such cure costs exceed the Overall Cure Cap, Purchaser shall be responsible for such excess amounts; provided, however, that in the event Purchaser, Seller, and the counterparty to a Post-Closing Contract are unable to reach an agreement as to cure amount, or if the Bankruptcy Court adjudicates a dispute over a cure amount in an amount unacceptable to Purchaser, Purchaser shall have the right to not take assignment of such Post-Closing Contract and shall not be responsible for any cure amount.

  • The Assumed Liabilities shall include Cure Costs in excess of the Cure Cap.


More Definitions of Cure Cap

Cure Cap means $22,000,000.
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Cure Cap means $10,000,000;
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Cure Cap shall have the meaning set forth in Section 1.5 of this Agreement.
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Related to Cure Cap

  • Cure Amount has the meaning assigned to such term in Section 7.02(a).

  • Cure Costs means any and all amounts, costs or expenses that must be paid or actions that must be performed pursuant to Sections 365(b) and (f) of the Bankruptcy Code in connection with assignment and assumption of any Service Contract, as ultimately determined by the Bankruptcy Court.

  • Cure Right shall have the meaning assigned to such term in Section 7.03.

  • Cure Amounts means all cure amounts payable in order to cure any monetary defaults required to be cured under Section 365(b)(1) of the Bankruptcy Code or otherwise to effectuate, pursuant to the Bankruptcy Code, the assumption by the applicable Seller and assignment to Purchaser of the Purchased Contracts.

  • Cure Claim means a Claim (unless waived or modified by the applicable counterparty) based upon a Debtor’s defaults under an Executory Contract or an Unexpired Lease assumed by such Debtor under section 365 of the Bankruptcy Code, other than a default that is not required to be cured pursuant to section 365(b)(2) of the Bankruptcy Code.

  • Net Proceeds Deficiency shall have the meaning set forth in Section 6.4(b)(vi) hereof.

  • Most Recent Fiscal Month End has the meaning set forth in Section 4(g) below.

  • Cure Payment shall have the meaning set forth in Section 11(b).

  • Net Debt Proceeds means, with respect to any incurrence of Indebtedness for borrowed money, the cash proceeds (net of underwriting discounts and commissions and other reasonable costs associated therewith) received by the respective Person from the respective incurrence of such Indebtedness for borrowed money.

  • Estimated Closing Indebtedness has the meaning set forth in Section 2.4(a).

  • Dividend Threshold Amount has the meaning set forth in Section 5.04(a).

  • Net Operating Cash Flow means the net cash flow to the Partnership resulting from ownership and operation of the Partnership Property, plus any other items of income received in cash by the Partnership less (i) all debts and expenses paid in the operation of the Partnership, (ii) any reserves which the General Partners deem reasonably necessary for the operation of the Partnership or for the satisfaction of obligations of the Partnership pursuant to Section 8.6, and (iii) all proceeds which are (A) received by the Partnership from the Transfer of Partnership Property, and (B) used to purchase or reserved, as determined by the General Partners in furtherance of their fiduciary duties hereunder and under the Act, for the purchase of other Partnership Property.

  • Casualty Amount means five hundred thousand Dollars (USD500,000) (or the equivalent in any other currency);

  • 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.

  • Debt Amount means all accrued and unpaid interest and any “make whole” payments or breakage fees (less any breakage benefits) which Project Co is obligated to pay to Lender pursuant to the Lending Agreements, together with the outstanding principal amount of debt funded under the Lending Agreements.

  • Operating Cash Flow means the Company’s or a business unit’s sum of Net Income plus depreciation and amortization less capital expenditures plus changes in working capital comprised of accounts receivable, inventories, other current assets, trade accounts payable, accrued expenses, product warranty, advance payments from customers and long-term accrued expenses, determined in accordance with generally acceptable accounting principles.

  • Consolidated Operating Cash Flow means, with respect to the Company and its Subsidiaries on a consolidated basis, for any period, an amount equal to Consolidated Net Income for such period increased (without duplication) by the sum of:

  • Adjusted Operating Cash Flow means the net cash provided by operating activities of the Company as reported in the Company’s consolidated statements of cash flows included in its Annual Report on Form 10-K, adjusted to eliminate the effect on operating cash flows of net customer financing cash flows, as reported in the Company’s consolidated statements of cash flows included in its Annual Report on Form 10-K.

  • Closing Indebtedness means the aggregate amount of all Indebtedness of the Company and its Subsidiaries as of immediately prior, and without giving effect to, the Closing.

  • Total Contract Price/Project Cost/TCO means the price payable to Service Provider over the entire period of Contract for the full and proper performance of its contractual obligations.

  • Total Loss Proceeds means the proceeds of any insurance or any compensation or similar payment arising in respect of a Total Loss.

  • Closing Indebtedness Amount means, as of immediately prior to the Effective Time, the aggregate amount of Indebtedness of the Company, including all accrued and unpaid interest, prepayment penalties or fees, and other unpaid fees and expenses payable in respect of such Indebtedness through the Effective Time.

  • Below Threshold Asset Sale Proceeds shall have the meaning assigned to such term in the definition of the term “Cumulative Credit.”

  • Non-Monetary Default Cure Period shall have the meaning assigned to such term in Section 11(d).

  • Initial Bankruptcy Loss Coverage Amount $226,715.

  • Cure Period means the period specified in this Agreement for curing any breach or default of any provision of this Agreement by the Party responsible for such breach or default and shall: