Designated Disposition means, collectively, the sales, transfers, leases or other dispositions described on Schedule 15 of the Information Certificate.
Designated Disposition means a Disposition where (i) an MAI appraisal of the assets being disposed of has been effected by a firm selected by the Administrative Agent and (ii) the sales price is at least equal to 100% of the value of such assets as determined by such MAI appraisal.
Designated Disposition means the sale, transfer, lease or other disposition by a Loan Party of any one or more of the following: (i) any item of Real Estate owned by a Loan Party and located in Canada as identified on Schedule 3.5 hereto, and (ii) the Real Estate owned by the Lead Borrower located in Sikeston, Missouri and Fredericktown, Missouri and used as warehouses.
Examples of Designated Disposition in a sentence
WMM are military munitions designated by the appropriate AF Designated Disposition Authority (DDA) as no longer acceptable for any useful purpose, or determined by EOD as requiring a Level 1 or 2 emergency responses.
In addition to the foregoing, without the consent of the Required Lenders, neither the Borrower nor any Subsidiary shall enter into any transaction in respect of the Disposition (other than a Designated Disposition) of any asset with any Apollo/THL Affiliate involving an amount in cash and/or the fair value of assets in excess of $500,000.
The definitions of when military munitions become WMM (see Chapters 4 and 5) and the Designated Disposition Authority (DDA) Evaluation Process (see Chapter 6) apply at all activities effective immediately.
Notwithstanding anything to the contrary in Paragraph 4.2(a) above, the Company may apply Designated Disposition Proceeds in an amount not to exceed $15,000,000 to the prepayment of the Notes pursuant to Paragraph 4.2(a) without payment of any Make-Whole Amount.
Recovered WMM are either recovered military munitions determined by EOD IAW AFI 32-3001, EOD Program to require a Level 1 or 2 emergency response or recovered military munitions designated by the appropriate Air Force Designated Disposition Authority (DDA), Conventional Munitions – Hill AFB or Air Superiority Missiles (ASM) - Robins AFB, as not acceptable for any useful purpose and requires routine disposition.
More Definitions of Designated Disposition
Designated Disposition means the Designated Business Disposition and the Designated Real Property Disposition.
Designated Disposition means a Disposition by JustEnergy or any of its Subsidiaries of (i) any shares or other equity interests in Ecobee Inc . , (ii) any shares or other equity interests in a Filter Entity, or (iii) any Property of a Filter Entity . “ Disposition ” means any sale, assignment, transfer, conveyance, permanent user license or other disposition of any nature or kind whatsoever of any Property or of any right, title or interest in or to any Property, and the verb “ Dispose ” will have a correlative meaning . “Distributions” means the payment by a Person: (a) of any dividends or distributions on any equity interests, (b) of any interest, premium or fees (including, without limitation, the Subordinated Debt Fees) owing on any indebtedness, including any indebtedness which is subordinate to the indebtedness owing to the Lenders (including, without limitation, in respect of Existing Intercompany Debt, Future Intercompany Debt, Permitted Unrestricted Subsidiary Debt, the 2020 Subordinated Debt and the $15 Million Subordinated Note), (c) distributions paid in cash under the Restricted Share Grant Plan or the Deferred Compensation Plan, (d) non - cash distributions of Share Based Compensation, (e) the application of such Person’s assets to the purchase, redemption or other acquisition or retirement of any of its shares, partnership, or trust units, as applicable, (f) permanent repayments (partial or full) of the principal amount of the 2020 Subordinated Debt, the $15 Million Subordinated Note or the Alberta Utilities Commission Debt, or (g) any other like distributions of funds whatsoever by such Person; for greater certainty, any payments of interest or fees in respect of the 2020 Subordinated Debt (including any Subordinated Debt Fees) that are Paid in Kind shall not constitute a Distribution. “ Domestic Lender ” has the meaning set forth in Sec tion 2.09(3) . “ Draft ” has the meaning set forth in Section 5.01(1) .
Designated Disposition means the Designated Business ---------------------- Disposition and the Designated Subsidiaries Disposition.
Designated Disposition means an Asset Sale pursuant to Section 6.9(b)(xvii) or 6.9(b)(xviii). “[***] Subsidiaries” means, collectively, each of the Subsidiaries set forth on Schedule 1.3 hereof, and “[***] Subsidiary” means any of the foregoing; provided, however, (x) any of the foregoing shall cease to be a [***] Subsidiary upon the delivery by the Borrower to the Administrative Agent of an irrevocable written notice (such notice, the “[***] Subsidiary Notice”) electing for such [***] Subsidiary to no longer be designated as a [***] Subsidiary and (y) each of the foregoing shall cease to be a [***] Subsidiary upon consummation of the third Designated Disposition.
Designated Disposition means a Disposition by the Borrower or any of its Subsidiaries of (i) any shares or other equity interests in <Redacted>, (ii) any shares or other equity interests in a <Redacted> Entity, or (iii) any Property of a <Redacted> Entity . “ Disposition ” means any sale, assignment, transfer, conveyance, permanent user license or other disposition of any nature or kind whatsoever of any Property or of any right, title or interest in or to any Property, and the verb “ Dispose ” will have a correlative meaning . “Distributions” means the payment by a Person: (a) of any dividends or distributions on any equity interests, (b) of any interest, premium or fees owing on any indebtedness, including any indebtedness which is subordinate to the indebtedness owing to the Lenders (including, without limitation, in respect of Existing Intercompany Debt, Future Intercompany Debt, Permitted Unrestricted Subsidiary Debt and the <Redacted> Subordinated Notes), (c) distributions paid in cash under the Restricted Share Grant Plan or the Deferred Compensation Plan, (d) non - cash distributions of Share Based Compensation, (e) the application of such Person’s assets to the purchase, redemption or other acquisition or retirement of any of its shares, partnership, or trust units, as applicable, (f) permanent repayments (partial or full) of the principal amount of the Alberta Utilities Commission Debt or the <Redacted> Subordinated Notes, or (g) any other like distributions of funds whatsoever by such Person; for greater certainty the capitalization of interest together with any fees payable hereunder and the addition thereof to the principal amount of the Obligations from time to time shall not constitute a Distribution. “EBITDA” means, for any period for the Borrower determined on a Modified Consolidated Basis, net income for such period: (a) increased by the sum of (without duplication): (i) Total Interest Expense for such period; (ii) Income Tax Expense for such period; ( iii) Depreciation Expense for such period (which for greater certainty does not include any amortization of contract initiation costs); ( iv) non - cash losses resulting from the fair value of derivative financial investments for such period;
Designated Disposition means a Disposition by JustEnergy or any of its Subsidiaries of (i) any shares or other equity interests in <Redacted>, (ii) any shares or other equity interests in a <Redacted> Entity, or (iii) any Property of a <Redacted> Entity. “ Disposition ” means any sale, assignment, transfer, conveyance, permanent user license or other disposition of any nature or kind whatsoever of any Property or of any right, title or interest in or to any Property, and the verb “ Dispose ” will have a correlative meaning .
Designated Disposition means a Disposition by the Borrower or any of its Subsidiaries of (i) any shares or other equity interests in Ecobee Inc., (ii) any shares or other equity interests in a Filter Entity, or (iii) any Property of a Filter Entity. “ Disposition ” means any sale, assignment, transfer, conveyance, permanent user license or other disposition of any nature or kind whatsoever of any Property or of any right, title or interest in or to any Property, and the verb “ Dispose ” will have a correlative meaning . “Distributions” means the payment by a Person: (a) of any dividends or distributions on any equity interests, (b) of any interest, premium or fees owing on any indebtedness, including any indebtedness which is subordinate to the indebtedness owing to the Lenders (including, without limitation, in respect of Existing Intercompany Debt, Future Intercompany Debt, Permitted Unrestricted Subsidiary Debt and the $15 Million Subordinated Note), (c) distributions paid in cash under the Restricted Share Grant Plan or the Deferred Compensation Plan, (d) non - cash distributions of Share Based Compensation, (e) the application of such Person’s assets to the purchase, redemption or other acquisition or retirement of any of its shares, partnership, or trust units, as applicable, (f) permanent repayments (partial or full) of the principal amount of the Alberta Utilities Commission Debt or the $15 Million Subordinated Note, or (g) any other like distributions of funds whatsoever by such Person; for greater certainty the capitalization of interest together with any fees payable hereunder and the addition thereof to the principal amount of the Obligations from time to time shall not constitute a Distribution. “EBITDA” means, for any period for the Borrower determined on a Modified Consolidated Basis, net income for such period: (a) increased by the sum of (without duplication):