Excess Cash Flow Offer Amount definition

Excess Cash Flow Offer Amount has the meaning set forth in Section 4.23(a).

Excess Cash Flow Offer Amount with respect thereto by the aggregate repurchase price of any Notes theretofore repurchased by the Issuers in the open market, repurchased in a tender offer in compliance with Regulation 14D of the Exchange Act or redeemed by the Issuers pursuant to this Indenture (to the extent such amount has not previously reduced any Excess Cash Flow Offer Amount). If the aggregate principal amount of Notes tendered pursuant to an Excess Cash Flow Offer exceeds the Excess Cash Flow Offer Amount, the Trustee will select the Notes to be accepted for purchase on a pro rata basis (with such adjustments as may be deemed appropriate by the Trustee so that only Notes in minimum amounts of $2,000 and integral multiples of $1,000 will be purchased). If the aggregate repurchase price of Notes tendered pursuant to an Excess Cash Flow Offer is less than the applicable Excess Cash Flow Offer Amount, the Issuers may, subject to the other provisions of this Indenture, use any such Excess Cash Flow for any purpose not otherwise prohibited by this Indenture.

Excess Cash Flow Offer Amount means, with respect to any Excess Cash Flow Period, an amount that is equal to (x) 75% times (y) the amount which, if used to purchase Notes in the Excess Cash Flow Offer for such Excess Cash Flow Period, would cause Aggregate Liquidity to be $13.0 million, after giving pro forma effect to the application of the entire Excess Cash Flow Offer Amount to purchase Notes in the Excess Cash Flow Offer and the payment of the next installment of interest that is due on the Notes.

Examples of Excess Cash Flow Offer Amount in a sentence

• Promptly after the termination of the Excess Cash Flow Offer Period, the Company will purchase and mail or deliver payment (up to the Excess Cash Flow Offer Amount) for the Notes or portions thereof tendered, pro rata (based on amounts tendered) or by such other method as may be required by law, or, if less than the Excess Cash Flow Offer Amount has been tendered, all Notes tendered pursuant to the Excess Cash Flow Offer.

• Upon completion of each Excess Cash Flow Offer, the Excess Cash Flow Offer Amount will be reset at zero.

• To the extent that the aggregate amount of Notes tendered pursuant to an Excess Cash Flow Offer is less than the Excess Cash Flow Offer Amount, PES may use any remaining Excess Cash Flow Amount for any purpose not otherwise prohibited by the Indenture.

• If the aggregate principal amount of Notes tendered in such Excess Cash Flow Offer exceeds the Excess Cash Flow Offer Amount, the Trustee will select the Notes to be purchased on a pro rata basis, by lot or by such other method as the Trustee deems fair and appropriate.

• If the aggregate repurchase price of Notes tendered pursuant to an Excess Cash Flow Offer is less than the applicable Excess Cash Flow Offer Amount, the Issuers may, subject to the other provisions of this Indenture, use any such Excess Cash Flow for any purpose not otherwise prohibited by this Indenture.

More Definitions of Excess Cash Flow Offer Amount

Excess Cash Flow Offer Amount has the meaning set forth in Section 4.27(a).

Excess Cash Flow Offer Amount. 5.16 “Excess Cash Flow Offer Period” 3.10

Excess Cash Flow Offer Amount means the First Half Excess Cash Flow Offer Amount or the Full Fiscal Year Excess Cash Flow Amount, as the case may be.

Excess Cash Flow Offer Amount means, with respect to any Excess Cash Flow Period, the greater of (1) $15.0 million and (2) the amount equal to the excess (if any) of (a) 50% of the Excess Cash Flow for such Excess Cash Flow Period over (b) the sum of (i) the amount of all mandatory and permanent prepayments required under Credit Facilities from excess cash flow (or similar mandatory prepayments) in respect of such Excess Cash Flow Period (assuming all lenders thereunder accept such prepayments), plus (ii) the aggregate principal amount of notes voluntarily and permanently prepaid or retired during such Excess Cash Flow Period plus (iii) the aggregate principal amount of all Indebtedness under Credit Facilities that has been voluntarily and permanently prepaid or retired during such Excess Cash Flow Period.

Excess Cash Flow Offer Amount means, with respect to any period (A) 50% of Excess Cash Flow for such period minus (B) $5.0 million.

Excess Cash Flow Offer Amount means, with respect to any Excess Cash Flow Offer, an amount equal to (x) 50% of the Company’s Excess Cash Flow for the twelve month period ending February 28th (or in the case of a leap year, February 29th), immediately preceding such Offer Date minus (y) the principal amount of Securities, if any, purchased by the Company and retired during such period in open market transactions or pursuant to Article 3, in each case, with internally generated funds.

Excess Cash Flow Offer Amount provided that for the fiscal year ending December 31, 2017, Excess Cash Flow will be calculated for the five consecutive fiscal quarters ended December 31, 2017. The offer price for such Excess Cash Flow Offer shall be an amount in cash equal to 101.5% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, on the Notes repurchased to the date of purchase, subject to the rights of holders of Notes on the relevant record date to receive interest and Additional Interest, if any, due on the relevant interest payment date, in accordance with the procedures set forth in the Indenture.