Distribution - in respect of any Person means and includes: (i) the payment of any dividends or other distributions on Securities (except distributions in such Securities) and (ii) the redemption or acquisition of Securities of such Person, as the case may be, unless made contemporaneously from the net proceeds of the sale of Securities. Dominion Account - a special bank account or accounts of Agent established by Borrowers pursuant to subsection 6.2.4 of the Agreement at banks selected by Borrowers, but acceptable to Agent in its sole discretion, and over which Agent shall have sole and exclusive access and control for withdrawal purposes. EBITDA - has the meaning ascribed to it in Exhibit 8.3 hereto. Eligible Account - an Account arising in the ordinary course of the business of any Borrower from the sale of goods or rendition of services which Agent, in its reasonable judgment, deems to be an Eligible Account. Without limiting the generality of the foregoing, no Account shall be an Eligible Account if:
Distribution - in respect of any Person means and includes: (i) the payment of any dividends or other distributions on Securities (except distributions in such Securities) and (ii) the redemption (including by way of conversion to another debt or equity Security) or acquisition of Securities of such Person, as the case may be, unless made contemporaneously from the net proceeds of the sale of Securities. Documentation Agents - each of General Electric Capital Corporation and Wachovia Bank, National Association, in its capacity as a Documentation Agent for the Lenders under this Agreement.
Distribution - in respect of any Person means and includes: (i) the payment of any dividends or other distributions on Securities (except distributions in such Securities) and (ii) the redemption or acquisition of Securities of such Person, as the case may be, unless made contemporaneously from the net proceeds of the sale of Securities. Dominion Account - a special bank account or accounts of Agent established by a Borrower pursuant to subsection 6.2.4 of the Agreement at banks selected by such Borrower, but acceptable to Agent in its sole discretion, and over which Agent shall have sole and exclusive access and control for withdrawal purposes. EDC - Electrical Design and Control Company, a Delaware corporation and a direct wholly-owned Subsidiary of Kinetek. Eligible Account - an Account arising in the ordinary course of the business of a Borrower from the sale of goods or rendition of services which Agent, in its reasonable credit judgment, deems to be an Eligible Account. Without limiting the generality of the foregoing, no Account shall be an Eligible Account if:
Examples of Distribution - in in a sentence
Distribution - in respect of any entity, (i) any payment of any dividends or other distributions on Equity Interests of the entity (except distributions in such Equity Interests) and (ii) any purchase, redemption or other acquisition or retirement for value of any Equity Interests of the entity or any Affiliate of the entity unless made contemporaneously from the net proceeds of the sale of Equity Interests.
Distribution - in respect of any corporation means and includes: (i) the payment of any dividends or other distributions on capital stock of the corporation (except distributions in such stock) and (ii) the redemption or acquisition of Securities unless made contemporaneously from the net proceeds of the sale of Securities.
Distribution - in respect of any corporation means and includes: (i) the ------------ payment of any dividends or other distributions on capital stock of the corporation (except distributions in such stock) and (ii) the redemption or acquisition of Securities unless made contemporaneously from the net proceeds of the sale of Securities.
Distribution - in respect of any Person means and ------------ includes: (i) the payment of any dividends or other distributions on Securities of such Person (except distributions in such Securities) and (ii) the redemption or acquisition of Securities of such Person, including the acquisition of Securities of Epic by Falcon, as the case may be, unless made contemporaneously from the net proceeds of the sale of Securities.
Distribution - in respect of any corporation means and includes: (a) the payment of any dividends or other distributions on capital stock of the corporation (except distributions in such stock) and (b) the redemption or acquisition of Securities unless made contemporaneously from the net proceeds of the sale of Securities.
More Definitions of Distribution - in
Distribution - in respect of any company means and includes:
Distribution - in respect of any Person means and includes: (i) the payment of any dividends or other distributions on Securities (except distributions in such Securities) and (ii) the redemption or acquisition of Securities of such Person, as the case may be, unless made contemporaneously from the net proceeds of the sale of Securities. Documentation Agent - each of GMAC Business Credit, LLC and The CIT Group/Business Credit, Inc., in its capacity as a documentation agent under the Agreement. Dominion Account - a special bank account or accounts of Agent established by Borrower pursuant to subsection 6.2.4 of the Agreement at banks selected by Borrower, but acceptable to Agent in its discretion, and over which Agent shall have sole and exclusive access and control for withdrawal purposes. EBITDA - with respect to any period, the sum of Borrower's and its Subsidiaries' Consolidated net earnings (or loss) before interest expense, income taxes, depreciation and amortization for said period (but excluding any extraordinary gains for said period), as determined in accordance with GAAP. Effective Date - the date upon which all conditions contained in Section 9.1 of the Agreement have first been satisfied. Eligible Account - an Account arising in the ordinary course of the business of Borrower from the sale of goods or rendition of services which Agent, in its reasonable credit judgment based on the terms of the Agreement, deems to be an Eligible Account. Without limiting the generality of the foregoing, and without duplication with any reserves against Eligible Accounts established under subsection 1.1.1 of the Agreement, no Account shall be an Eligible Account if:
Distribution - in respect of any Person means and includes: (i) the payment of any dividends or other distributions on Securities (except distributions in such Securities or in Securities of a different class or type) and (ii) the redemption or acquisition of Securities of such Person, as the case may be, unless made contemporaneously from the net proceeds of the sale of Securities. Dominion Account -- a special bank account or accounts of Agent established by any Borrower pursuant to Section 6.2.4 of the Agreement at banks selected by such Borrower, but acceptable to Agent in its reasonable discretion, and over which Agent shall have sole and exclusive access and control for withdrawal purposes or with respect to such bank accounts located in Canada, over which Agent, after notifying the applicable bank, shall have sole and exclusive access and control for withdrawal purposes. EBITDA -- as defined in Exhibit 8.3. Eligible Account -- an Account arising in the ordinary course of any business of any Borrower or Velocity Canada from the sale of goods or rendition of services which Agent, in its reasonable credit judgment, deems to be an Eligible Account. No Account shall be an Eligible Account if:
Distribution - in respect of any Person means and includes: (i) the payment of any dividends or other distributions on Securities (except distributions in such Securities) and (ii) the redemption or acquisition of Securities of such Person, as the case may be, unless made contemporaneously from the net proceeds of the sale of Securities. DOMESTIC SUBSIDIARY - any Subsidiary organized within the United States. DOMINION ACCOUNT - a special bank account or accounts of Administrative Agent established by a Borrower or another Loan Party pursuant to subsection 6.2.4 of the Agreement at banks selected by Borrowers, but acceptable to Administrative Agent in its reasonable discretion, and over which Administrative Agent shall have sole and exclusive access and control for withdrawal purposes. ELIGIBLE ACCOUNT - an Account arising in the ordinary course of the business of a Borrower from the sale of goods or rendition of services which Administrative Agent, in its reasonable credit judgment, deems to be an Eligible Account. Without limiting the generality of the foregoing, no Account shall be an Eligible Account if:
Distribution - in respect of any Person means and includes: (i) the payment of any dividends or other distributions on Securities (except distributions in such Securities) and (ii) the redemption or acquisition of Securities of such Person, as the case may be, unless made contemporaneously from the net proceeds of the sale of Securities. Documentation Agent - General Electric Capital Corporation, in its capacity as Documentation Agent under the Agreement. Dominion Account - a special bank account or accounts of Agent established by a Borrower pursuant to subsection 6.2.4 of the Agreement at banks selected by such Borrower, but acceptable to Agent in its reasonable discretion, and over which Agent shall have sole and exclusive access and control for withdrawal purposes. Dominion Event - the occurrence of either one of the following events on any date after the end of the Initial Dominion Period: (a) average Availability (as determined by Agent in its reasonable credit judgment) for the thirty (30) day period ending on such date is less than $30,000,000 or (b) an Event of Default occurs. Eligible Account - an Account arising in the ordinary course of the business of a Borrower from the sale of goods or rendition of services; provided, that no Account shall be an Eligible Account if:
Distribution - in respect of any Person means and includes: (i) the payment of any dividends or other distributions on Securities (except distributions in such Securities) whether direct or indirect and (ii) the redemption, retirement, sinking fund, purchase or acquisition of Securities of such Person, as the case may be. Dominion Account - a special bank account or accounts of Agent established by Borrower pursuant to subsection 6.2.4 of the Agreement at banks selected by Borrower, but acceptable to Agent in its discretion, and over which Agent shall have sole and exclusive access and control for withdrawal purposes. Effective Date - the date upon which all conditions contained in Section 9.1 of the Agreement have first been satisfied. Eligible Account - an Account arising in the ordinary course of the business of Borrower from the sale of goods or rendition of services which Agent, in its reasonable credit judgment based on the terms of the Agreement, deems to be an Eligible Account. Without limiting the generality of the foregoing, and without duplication with any reserves against Eligible Accounts established under subsection 1.1.1 of the Agreement, no Account shall be an Eligible Account if:
Distribution - in respect of any corporation means and includes: (i) the payment of any dividends or other distributions on capital stock of the corporation (except distributions in such stock) and (ii) the redemption or acquisition of Common Stock unless made contemporaneously from net proceeds of the sale of Common Stock. EBITDA - with respect to any fiscal period, the sum of Borrower's Consolidated (i) net earnings (or loss) before interest expense and taxes for said period, plus (ii) depreciation and amortization expense for such period, all as determined in accordance with GAAP. Eligible Account - an Account arising in the ordinary course of Borrower's business from the sale of goods or rendition of services unless: (i) it arises out of a sale made by Borrower to a Subsidiary or an Affiliate of Borrower or to a Person controlled by an Affiliate of Borrower; or (ii) it is due or unpaid more than ninety (90) days after the original invoice date; or (iii) twenty-five percent (25%) or more of the Accounts from the Account Debtor are not deemed Eligible Accounts hereunder; or (iv) any covenant, representation or warranty contained in this Agreement with respect to such Account has been breached in any material respect; or (v) the Account Debtor is also Borrower's creditor or supplier, but only to the extent of Borrower's obligations to such creditor or supplier, or the Account Debtor has disputed liability with respect to such Account, or the Account Debtor has made any claim with respect to any other Account due from such Account Debtor to Borrower, or the Account otherwise is or may become subject to any right of setoff by the Account Debtor; or (vi) the Account Debtor has commenced a voluntary case under the federal bankruptcy laws, as now constituted or hereafter amended, or made an assignment for the benefit of creditors, or a decree or order for relief has been entered by a court having jurisdiction in the premises in respect of the Account Debtor in an involuntary case under the federal bankruptcy laws, as now constituted or hereafter amended, or any other petition or other application for relief under the federal bankruptcy laws has been filed against the Account Debtor, or if the Account Debtor has failed, suspended business, ceased to be Solvent, or consented to or suffered a receiver, trustee, liquidator or custodian to be appointed for it or for all or a significant portion of its assets or affairs; or (vii) it arises from a sale to an Account Debtor outside the...