Designated Restricted Payment means any Restricted Payment made by the Borrower or any of its Subsidiaries in reliance on Section 7.06(a) (to the extent made to any Person other than the Borrower or any Subsidiary), Section 7.06(d) or Section 7.06(e).
Designated Restricted Payment any Restricted Payment (except any 2006 Stock Repurchase) made pursuant to Section 7.6(d), provided that (a) the Borrower gives notice to the Administrative Agent at or prior to the time of such Restricted Payment designating such Restricted Payment as a “Designated Restricted Payment”, (b) after giving effect to such Restricted Payment, the aggregate amount of unrestricted cash and Cash Equivalents on hand of the Borrower and its Subsidiaries is at least $100,000,000 and (c) after giving effect to such Restricted Payment, the aggregate amount of the Designated Restricted Payments since the date hereof is not more than $50,000,000.
Designated Restricted Payment means any Restricted Payment made by the Borrower or any of its Subsidiaries in reliance on Section 7.06(a) (to the extent made to any Person other than the Borrower or any Subsidiary) or Section 7.06(c). “Disposition” or “Dispose” means the sale, transfer, license, lease or other disposition (including any Sale and Leaseback Transaction) of any property (including the Equity Interests in any Subsidiary) owned by any Loan Party or any Subsidiary (or the granting of any option or other right to do any of the foregoing), including any sale, assignment, transfer or other disposal, with or without recourse, of any notes or accounts receivable or any rights and claims associated therewith, but excluding: (a) any Involuntary Disposition; (b) any sale, transfer, license, lease or other disposition of inventory in the ordinary course of business; (c) the sale, transfer, license, lease or other disposition in the ordinary course of business of used, surplus, obsolete or worn out property no longer used or useful in the conduct of business of the Borrower and its Subsidiaries;
More Definitions of Designated Restricted Payment
Designated Restricted Payment means any Restricted Payment made by the Borrower or any of its Subsidiaries in reliance on Section 7.06(a) (to the extent made to any Person other than the Borrower or any Subsidiary) or Section 7.06(d). For the avoidance of doubt, neither (a) the Pre-IPO Dividend, or (b) the exit fee paid in connection with the Existing Term Loan Agreement, in either case, shall constitute a Designated Restricted Payment for purposes of this Agreement. “Disposition” or “Dispose” means the sale, transfer, license, lease or other disposition (including any Sale and Leaseback Transaction) of any property (including the Equity Interests in any Subsidiary) owned by the Borrower or any Subsidiary (or the granting of any option or other right to do any of the foregoing), including any sale, assignment, transfer or other disposal, with or without recourse, of any notes or accounts receivable or any rights and claims associated therewith. “Disqualified Capital Stock” means any Equity Interest which, by its terms (or by the terms of any security into which it is convertible or for which it is exchangeable), or upon the happening of any event, (a) matures or is mandatorily redeemable, pursuant to a sinking fund obligation or otherwise, or is redeemable at the option of the holder thereof, in whole or in part, prior to the ninety-first (91st) day after
Designated Restricted Payment means any Restricted Payment made by the Company or any of its Subsidiaries in reliance on Section 7.08(a)(i) (to the extent made to any Person other than the Company or any Subsidiary) or Section 7.08(a)(iii); provided, that, the defined term “Designated Restricted Payment” shall not include any Restricted Payment made with cash from the balance sheet of the Company in any Measurement Period for which the Company has delivered a Compliance Certificate pursuant to Section 6.01(c) certifying that the Consolidated Total Leverage Ratio as of the end of such Measurement Period is less than 1.00 to 1.0 (whether or not the Consolidated Total Leverage Ratio for any subsequent Measurement Period for which the Company has delivered a Compliance Certificate pursuant to Section 6.01(c) is equal to or greater than 1.00 to 1.0).