Excess Cash Event means (a) any sale or disposition of any of the assets of any VSE Entity which (i) is not in the ordinary course of business and results in Net Cash proceeds, when combined with any and all other asset dispositions (other than Inventory sales in the ordinary course of business) that have occurred during the same Fiscal Year, in excess of Five Hundred Thousand and No/100 Dollars ($500,000.00), in the aggregate; provided, that within 365 days of any such non-ordinary course sale or disposition, the Borrowers shall be permitted to reinvest or commit to reinvest the net cash proceeds arising therefrom in assets used or useful in the business; provided, further that any such net cash proceeds must be reinvested no later than 180 days after the end of such 365-day period or (ii) is prohibited by the terms and conditions of this Agreement; (b) the issuance by any VSE Entity after the date of this Agreement of debt securities or other debt obligations (other than in connection with the Obligations and other Indebtedness permitted pursuant to Section 7.7(a) of this Agreement); (c) the receipt by or on behalf of any VSE Entity of insurance proceeds (other than insurance recoveries for business interruption loss, workers compensation or damage to tangible property, which, with respect to insurance recoveries for damage(s) to tangible property, are promptly applied toward repair or replacement of the damaged property); and (d) the reversion of any pension plan assets.
Excess Cash Event means (a) any sale or disposition of any of the assets of any VSE Entity which (i) is not in the ordinary course of business and results in net cash proceeds, when combined with any and all other asset dispositions (other than Inventory sold in the ordinary course of business) that have occurred during the same Fiscal Year, in excess of Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00), in the aggregate, (ii) is prohibited by the terms and conditions of this Agreement, or (iii) is not Inventory and results in net cash proceeds, when combined with any and all other asset dispositions (other than Inventory sold in the ordinary course of business) that have occurred during the same Fiscal Year, in excess of Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00), in the aggregate; (b) the issuance by any VSE Entity after the date of this Agreement of debt securities or other debt obligations (other than in connection with the Obligations and other Indebtedness permitted pursuant to Section 7.7(a) of this Agreement); (c) the receipt by or on behalf of any VSE Entity of insurance proceeds (other than insurance recoveries for business interruption loss, workers compensation or damage to tangible property, which (i) with respect to any of the foregoing insurance losses, do not exceed Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00), individually or in the aggregate, and (ii) with respect to insurance recoveries for damage(s) to tangible property, are promptly applied toward repair or replacement of the damaged property); (d) the reversion of any pension plan assets; or (e) any other extraordinary cash event resulting in excess cash to a VSE Entity, including, cash proceeds in excess of Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00) resulting from the issuance of additional equity interests or capital stock by a VSE Entity to any Person (other than another VSE Entity).
Excess Cash Event means (i) any sale or disposition of any of the assets of any Borrower which is (a) not in the ordinary course of business; or (b) prohibited by the terms of this Agreement; (ii) the issuance by any Borrower after the date of this Agreement of debt securities or other debt obligations (other than in connection with debt expressly permitted pursuant to Section 7.7(a) of this Agreement); (iii) the receipt by or on behalf of any Borrower of insurance proceeds (other than insurance recoveries for business interruption loss, workers compensation or damage to tangible property, which (a) with respect to any of the foregoing insurance losses, do not exceed Five Hundred Thousand and No/100 Dollars ($500,000.00), individually or in the aggregate, and (b) with respect to insurance recoveries for damage(s) to tangible property, are promptly applied toward repair or replacement of the damaged property); (iv) the reversion of any pension plan assets; and/or (v) any other extraordinary cash event resulting in excess cash to a Borrower, including, without limitation, cash proceeds resulting from the issuance of additional equity interests or capital stock by a Borrower (other than the issuance of additional equity interests or capital stock by a Borrower pursuant to an Approved ESOP or an Approved ESPP).
Examples of Excess Cash Event in a sentence
If any Mandatory Payment shall be applied to borrowings under the Revolving Facility in accordance with this Section 1.5 of this Agreement (i.e., the Term Facility shall have been paid and satisfied in full), the Revolving Facility Commitment Amount shall, unless waived in writing by the Administrative Agent, be reduced by an amount equal to the amount of such Mandatory Payment, such reduction to become effective simultaneously with the occurrence of the Excess Cash Event.
More Definitions of Excess Cash Event
Excess Cash Event means (i) any sale or disposition of any of the assets of any Borrower which is (a) not in the ordinary course of business; or
Excess Cash Event means (a) any sale or disposition of any of the assets of any VSE Entity which (i) is not in the ordinary course of business and results in net cash proceeds, when combined with any and all other asset dispositions (other than Inventory sold in the ordinary course of business) that have occurred during the same Fiscal Year, in excess of Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00), in the aggregate, (ii) is prohibited by the terms and conditions of this Agreement, or (iii) is not Inventory and results in net cash proceeds, when combined with any and all other asset dispositions (other than Inventory sold in the ordinary course of business) that have occurred during the same Fiscal Year, in excess of Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00), in the aggregate; (b) the issuance by any VSE Entity after the date of this Agreement of debt securities or other debt obligations (other than in connection with the Obligations and other Indebtedness permitted pursuant to Section 7.7(a) of this Agreement); (c) the receipt by or on behalf of any VSE Entity of insurance proceeds (other than insurance recoveries for business interruption loss, workers compensation or damage to tangible property, which (i) with respect to any of the foregoing insurance losses, do not exceed Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00), individually or in the aggregate, and (ii) with respect to insurance recoveries for damage(s) to tangible property, are promptly applied toward repair or replacement of the damaged property); (d) the reversion of any pension plan assets; (e) the receipt by or on behalf of any VSE Entity of cash proceeds in excess of Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00) resulting from the issuance of additional equity interests or capital stock by a VSE Entity to any Person (other than another VSE Entity); or
Excess Cash Event means (i) any sale or disposition of any of the assets of any Borrower (other than any Borrower or non-Borrower Affiliate listed on Schedule 7.1(c) hereto) which is (a) not in the ordinary course of business; or (b) prohibited by the terms of this Agreement; (ii) the issuance by any Borrower after the date of this Agreement of debt securities or other debt obligations (other than in connection with debt expressly permitted pursuant to Section 7.7 of this Agreement); (iii) the receipt by or on behalf of any Borrower of insurance proceeds (other than recoveries due to damage to property, which recoveries are promptly applied toward repair or replacement of the damaged property, or recoveries for business interruption loss or workers compensation insurance proceeds); (iv) the reversion of any pension plan assets; and/or (v) any other extraordinary cash event resulting in excess cash to a Borrower, including, without limitation, cash proceeds resulting from the issuance of Additional
Excess Cash Event means (i) any sale or disposition of any of the assets of any Borrower (other than any Borrower or non-Borrower Affiliate listed on Schedule 7.1(c) hereto) which is (a) not in the ordinary course of business; or (b) prohibited by the terms of this Agreement; (ii) the issuance by any Borrower after the date of this Agreement of debt securities or other debt obligations (other than in connection with debt expressly permitted pursuant to Section 7.7 of this Agreement); (iii) the receipt by or on behalf of any Borrower of insurance proceeds (other than recoveries due to damage to property, which recoveries are promptly applied toward repair or replacement of the damaged property, or recoveries for business interruption loss or workers compensation insurance proceeds); (iv) the reversion of any pension plan assets; and/or (v) any other extraordinary cash event resulting in excess cash to a Borrower, including, without limitation, cash proceeds resulting from the issuance of Additional Equity Stock (other than the issuance of additional equity interests or capital stock by a Borrower pursuant to an Approved ESOP or an Approved ESPP).
Excess Cash Event means (i) any sale or disposition of any of the assets of any Borrower which is (a) not in the ordinary course of business; or (b) prohibited by the terms of this Agreement; (ii) the issuance by any Borrower after the date of this Agreement of debt securities or other debt obligations (other than in connection with debt expressly permitted pursuant to Section 7.7 of this Agreement); (iii) the receipt by or on behalf of any Borrower of insurance proceeds (other than recoveries due to damage to property, which recoveries are promptly applied toward repair or replacement of the damaged property, or recoveries for business interruption loss or workers compensation insurance proceeds); (iv) the reversion of any pension plan assets; and/or (v) any other extraordinary cash event resulting in excess cash to a Borrower, including, without limitation, cash proceeds resulting from the issuance of additional equity interests or capital stock by a Borrower (other than the issuance of additional equity interests or capital stock by a Borrower pursuant to an Approved ESOP or an Approved ESPP).
Excess Cash Event means (i) any sale or disposition of any of the assets of any Borrower which is (a) not in the ordinary course of business; or (b) prohibited by the terms of this Agreement; (ii) the issuance by any Borrower after the date of this Agreement to parties other than the current shareholders of such Borrower of debt securities or other debt obligations (other than in connection with debt expressly permitted pursuant to Section 7.7 of this Agreement); (iii) the receipt by or on behalf of any Borrower of insurance proceeds (other than insurance recoveries for business interruption loss, workers compensation or damage to tangible property, which (a) with respect to any of the foregoing insurance losses, do not exceed One Million and No/100 Dollars ($1,000,000.00), individually or in the aggregate, and (b) with respect to insurance recoveries for damages to tangible property, are promptly applied toward repair or replacement of the damaged property); (iv) the reversion of any pension plan assets; and/or (v) any other cash revenue recognized by such Borrower other than in the ordinary course of such Borrower’s business resulting in excess cash to a Borrower, including, without limitation, cash proceeds resulting from the issuance of additional equity interests or capital stock by a Borrower.
Excess Cash Event means (i) any sale or disposition of any of the assets of any Borrower which is (a) not in the ordinary course of business; or (b) prohibited by the terms of this Agreement; (ii) the receipt by or on behalf of any Borrower of insurance proceeds in excess of (a) Five Hundred Thousand and No/100 Dollars ($500,000.00), in the aggregate, during any fiscal year, or (b) One Million and No/100 Dollars ($1,000,000.00), in the aggregate, during the term of the Facilities; and/or (iii) the reversion of any pension plan assets.