Excess Balance Sheet Cash definition

Excess Balance Sheet Cash means, as of any date of determination, Balance Sheet Cash as of such date minus, to the extent included in Balance Sheet Cash and without duplication, each of the following:
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Excess Balance Sheet Cash means cash and Cash Equivalents reflected on the consolidated balance sheet of the Borrower and its Subsidiaries minus (to the extent such cash or Cash Equivalents would otherwise be included in Excess Balance Sheet Cash): (a) to the extent the payment of such amounts are not prohibited by the Loan Documents, amounts in respect of which the Borrower or any of its Subsidiaries has issued checks or has initiated wires or ACH transfers to Persons that do not constitute Affiliates of any Loan Party but have not yet been subtracted from the balance in the relevant account of the Borrower or any of its Subsidiaries, (b) any cash allocated for, reserved or otherwise set aside to pay production taxes, royalty obligations, vendor payments and lease payments or similar payments as are customary in the coal industry, of the Borrower or any of its Subsidiaries then due and owing to third parties (or to be due and owing to third parties within five Business Days of such date) and for which the Borrower or such Subsidiary has issued checks or has initiated wires or ACH transfers, (c) any cash allocated for, reserved or otherwise set aside to make scheduled payments of principal of, or interest or fees on, the Facilities due within 10 days and (d) prior to September 30, 2023, (A) any proceeds of the Term Loan Advances held by Borrower being set aside for the repurchase and/or redemption of the Existing AROP Notes plus (B) to the extent irrevocably set aside for the redemption of the Existing AROP Notes, proceeds of Revolving Credit Advances.
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Excess Balance Sheet Cash means any Cash remaining on the Debtors’ balance sheet as of the Effective Date, including the Segregated Cash, in excess of $20,000,000 plus the difference of (i)
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More Definitions of Excess Balance Sheet Cash

Excess Balance Sheet Cash means the aggregate amount of Unrestricted Cash in excess of $25,000,000.
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Excess Balance Sheet Cash means cash and Cash Equivalents reflected on the consolidated balance sheet of the Borrower and its Subsidiaries minus (to the extent such cash or Cash Equivalents would otherwise be included in Excess Balance Sheet Cash): (a) to the extent the payment of such amounts are not prohibited by the Loan Documents, amounts in respect of which the Borrower or any of its Subsidiaries has issued
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Related to Excess Balance Sheet Cash

  • Off-Balance Sheet Liabilities of any Person shall mean (i) any repurchase obligation or liability of such Person with respect to accounts or notes receivable sold by such Person, (ii) any liability of such Person under any Sale-Leaseback Transactions that do not create a liability on the balance sheet of such Person, (iii) any obligation under a Synthetic Lease or (iv) any obligation arising with respect to any other transaction which is the functional equivalent of or takes the place of borrowing but which does not constitute a liability on the balance sheet of such Person.

  • Off-Balance Sheet Arrangement means any transaction, agreement or other contractual arrangement to which an entity unconsolidated with the Borrower is a party, under which the Borrower has:

  • Company Balance Sheet means the consolidated balance sheet of the Company and its Subsidiaries as of December 31, 2016 and the footnotes thereto set forth in the Company’s annual report on Form 10-K for the fiscal year ended December 31, 2016.

  • Off-Balance Sheet Obligation means the monetary obligation of a Person under (a) a so-called synthetic, off-balance sheet or tax retention lease, (b) an agreement for the use or possession of property creating obligations that do not appear on the balance sheet of such Person but which, upon the insolvency or bankruptcy of such Person, would be characterized as the indebtedness of such Person (without regard to accounting treatment) or (c) an agreement for the sale of receivables or like assets creating obligations that do not appear on the balance sheet of such Person but which, upon the insolvency or bankruptcy of such Person, could be characterized as the indebtedness of such Person (without regard to accounting treatment).

  • Off-Balance Sheet Liability of a Person means (a) any repurchase obligation or liability of such Person with respect to accounts or notes receivable sold by such Person, (b) any indebtedness, liability or obligation under any so-called “synthetic lease” transaction entered into by such Person, or (c) any indebtedness, liability or obligation arising with respect to any other transaction which is the functional equivalent of or takes the place of borrowing but which does not constitute a liability on the balance sheet of such Person (other than operating leases).

  • Off-Balance Sheet Obligations means liabilities and obligations of the Borrower, any Subsidiary or any other Person in respect of “off-balance sheet arrangements” (as defined in Item 303(a)(4)(ii) of Regulation S-K promulgated under the Securities Act) which the Borrower would be required to disclose in the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” section of the Borrower’s report on Form 10-Q or Form 10-K (or their equivalents) which the Borrower is required to file with the Securities and Exchange Commission (or any Governmental Authority substituted therefor).

  • Interim Balance Sheet has the meaning set forth in Section 3.06.

  • SpinCo Balance Sheet means the pro forma combined balance sheet of the SpinCo Business, including any notes and subledgers thereto, as of June 30, 2018, as presented in the Information Statement made available to the Record Holders.

  • Latest Balance Sheet has the meaning set forth in Section 3.4(a).

  • Latest Balance Sheet Date has the meaning set forth in Section 3.10.

  • Interim Balance Sheet Date has the meaning set forth in Section 3.06.

  • Company Balance Sheet Date means December 31, 2016.

  • Audited Balance Sheet means the audited balance sheet of the company prepared for the purposes of the Companies Acts for a financial year unless an audited consolidated balance sheet dealing with the state of affairs of the company and its subsidiary undertakings required to be dealt with in group accounts has been prepared for those purposes for the same financial year, in which case it means that audited consolidated balance sheet, and in that case all references to reserves shall be deemed to be references to consolidated reserves;

  • Final Balance Sheet has the meaning set forth in Section 2.4(e).

  • Unaudited Balance Sheet has the meaning set forth in Section 3.4(a)(ii).

  • SEC Off-Balance Sheet Rules means the Disclosure in Management’s Discussion and Analysis About Off-Balance Sheet Arrangements, Securities Act Release No. 33-8182, 68 Fed. Reg. 5982 (Feb. 5, 2003) (codified at 17 CFR pts. 228, 229 and 249).

  • Reference Balance Sheet Date is defined in Section 3.5.

  • Pro Forma Balance Sheet as defined in Section 4.1(a).

  • Current Balance Sheet Date means September 30, 1996.

  • Closing Balance Sheet has the meaning set forth in Section 2.4(a).

  • Closing Date Balance Sheet has the meaning specified in Section 2.7.

  • Balance Sheets has the meaning set forth in Section 4.5(a).

  • Most Recent Balance Sheet Date has the meaning set forth in Section 3.6(a).

  • Current Assets means, as of any applicable date, all amounts that should, in accordance with GAAP, be included as current assets on the consolidated balance sheet of Borrower and its Subsidiaries as at such date.

  • Audited Company Balance Sheet means the consolidated balance sheet (and the notes thereto) of the Company and its consolidated Subsidiaries as of December 31, 2020, set forth in the Company’s Annual Report on Form 10-K filed by the Company with the SEC for the fiscal year ended December 31, 2020.

  • Parent Balance Sheet Date shall have the meaning assigned to it in Section 5.13 hereof.