Eligible Equity Proceeds means the Net Cash Proceeds received by Holdings or any direct or indirect parent thereof from any sale or issuance of any Equity Interests (other than Disqualified Equity Interests) or from any capital contributions in respect of Equity Interests (other than Disqualified Equity Interests) to the extent such Net Cash Proceeds or capital contributions are directly or indirectly contributed to, and actually received by, the Borrower as cash common equity (or, if only a portion thereof is so contributed and received, to the extent of such portion).
Eligible Equity Proceeds means, at any date of determination after the Closing Date, all net cash proceeds from the sale of equity interests of the Guarantor occurring after the Closing Date that is not Disqualified Stock, excluding in each case the amount of (a) net proceeds from stock or options issued pursuant to employee compensation plans, (b) cash proceeds that were used to consummate business acquisitions consummated for one year after any applicable Specified Equity Contribution made in accordance with the provisions of Section 6.01(c) (and such netting shall remove such amount for each period that such equity cure was and would have been added to Consolidated EBITDA, but shall not affect or require recomputing the Leverage Ratio and the Interest Coverage Ratio for fiscal quarters ending prior to the date of consummation of such acquisition), and (c) any subsequent repurchases of equity interests of the Guarantor; and provided that proceeds from any such sales of equity interests to a Person that is a Credit Party, or a Subsidiary of a Credit Party, may not be included in Eligible Equity Proceeds.
Eligible Equity Proceeds means, for each Interest Payment Date, the net cash proceeds (after underwriters’ or placement agents’ fees, commissions or discounts and other expenses relating to the issuances) received by the Company during the 180-day period prior to such Interest Payment Date from the sale or offering of Eligible Equity to persons that are not Affiliates of the Company.
Examples of Eligible Equity Proceeds in a sentence
The Company covenants to apply all Eligible Equity Proceeds raised pursuant to this clause (l) to the payment of accrued and unpaid interest on the applicable Interest Payment Date until all accrued and unpaid interest shall have been paid in full.
On any Interest Payment Date during an APM Period, the Company covenants not to pay any accrued and unpaid interest on the ICONs except on an Interest Payment Date and except in an aggregate amount for each Interest Payment Date that does not exceed the Eligible Equity Proceeds with respect to such Interest Payment Date raised by the Company pursuant to clause (l) below.
The Borrower shall have received Eligible Equity Proceeds of at least $150,000,000 from a Qualifying IPO.
In the event the FRB shall not disapprove of the sale of Eligible Equity, but shall have nonetheless disapproved of the use of the Eligible Equity Proceeds to pay Deferred Interest, the Company may use such Eligible Equity Proceeds for other purposes and shall be permitted to pay Deferred Interest from any source.
Except as provided below in this Section 2.1(h), during any APM Period and on any date of redemption or repurchase, the Company covenants not to pay any Deferred Interest (including Additional Interest thereon) from any source other than Eligible Equity Proceeds.
More Definitions of Eligible Equity Proceeds
Eligible Equity Proceeds means the Net Cash Proceeds received by the Ultimate Parent from any sale or issuance of any Equity Interests (other than Disqualified Equity Interests) of the Ultimate Parent to the extent such Net Cash Proceeds are directly or indirectly contributed to, and actually received by, STBV (or, if only a portion thereof is so contributed and received, to the extent of such portion).
Eligible Equity Proceeds means (a) the Net Cash Proceeds received by Parent from any sale or issuance of any Equity Interests (other than Disqualified Equity Interests) of Parent to the extent such Net Cash Proceeds are directly or indirectly contributed as a common capital contribution to, and actually received by, UHS (or, if only a portion thereof is so contributed and received, to the extent of such portion) and (b) after a Qualifying IPO of UHS, the Net Cash Proceeds received by UHS from any sale or issuance of any Equity Interests (other than Disqualified Equity Interests) of UHS.
Eligible Equity Proceeds means Equity Proceeds received by Holdings and contributed by Holdings in cash to the common equity of the Borrower, other than any such Equity Proceeds (i) constituting Cure Amounts from the issuance of Permitted Cure Securities or (ii) received by Holdings from officers, employees, directors or consultants of Holdings, the Borrower or its Subsidiaries under stock purchase, stock option or other incentive plans or arrangements.
Eligible Equity Proceeds means the Net Cash Proceeds received by Holdings after the Closing Date (and not to finance the Transaction) from the sale or issuance (but not to any of its Subsidiaries) of any of its Qualified Equity Interests or from any capital contribution in respect of any of its Qualified Equity Interests, in each case to the extent such Net Cash Proceeds or capital contributions are actually received by the Borrower as cash common equity; provided that all Net Cash Proceeds of equity issuances which are used or have been, or will be, used to justify the incurrence of Contribution Indebtedness shall not constitute (and shall be excluded from) Eligible Equity Proceeds; provided, further, that any Cure Amount shall not constitute Eligible Equity Proceeds.
Eligible Equity Proceeds means, with respect to any Interest Payment Date, the net cash proceeds (after underwriters’ or placement agents’ fees, commissions or discounts and other expenses relating to the issuances) received by the Company during the 180-day period prior to such Interest Payment Date from the sale or offering of any combination of Eligible Equity (subject to the Warrant and Common Stock Issuance Cap and the Preferred Stock Issuance Cap) to persons that are not Affiliates of the Company.
Eligible Equity Proceeds means the net cash proceeds from any permitted issuance of Qualified Equity Interests by (or issuance of permitted debt securities that have been converted into or exchanged for Qualified Equity Interests of) Holdings to the extent such net cash proceeds shall have been contributed to, and actually received by, the Borrower (or, if only a portion thereof is so contributed and received, to the extent of such portion) and are Not Otherwise Applied; provided that in no event shall any Specified Equity Contribution (or any direct or indirect proceeds thereof) constitute Eligible Equity Proceeds.
Eligible Equity Proceeds means the Net Cash Proceeds received by Holdings after the Closing Date (and not to finance the Transactions) and no earlier than 45 days prior to the application pursuant to Section 9.07 from the sale or issuance (but not to any of its Subsidiaries) of any of its Qualified Equity Interests or from any capital contribution in respect of any of its Qualified Equity Interests, in each case to the extent such Net Cash Proceeds or capital contributions are actually received by the Borrower as cash common equity; provided, that any Cure Amount shall not constitute Eligible Equity Proceeds.