Excess Cash Flow Threshold means $35,000,000.
Excess Cash Flow Threshold means $20,000,000.
Excess Cash Flow Threshold means the greater of $50,000,000 and 8.0% of Consolidated EBITDA as of the last day of the most recently ended Test Period.
Examples of Excess Cash Flow Threshold in a sentence
Not make expenditures for fixed or capital assets if, after giving effect thereto, the aggregate of all such expenditures, excluding expenditures for the water pre-treatment facility not to exceed $3,000,000, would exceed (i) prior to Borrower meeting the Excess Cash Flow Threshold, $1,000,000 during any fiscal year of Borrower, and (ii) following Borrower meeting the Excess Cash Flow Threshold, $1,500,000 during any fiscal year of Borrower.
More Definitions of Excess Cash Flow Threshold
Excess Cash Flow Threshold means $35,000,000. “Excluded Assets” means (i) any (x) fee-owned real property and (y) all leasehold interests (it being understood and agreed that no action shall be required with respect to creation or perfection of security interests with respect to such leases, including to obtain landlord waivers, estoppels or collateral access letters); (ii) commercial tort claims in which the amount claimed is less than $20,000,000 individually, (iii) motor vehicles and other assets subject to certificates of title and letter of credit rights (to the extent not constituting a supporting obligation), in each case, except to the extent perfection can be achieved by filing a UCC-1 financing statement; (iv) pledges and security interests prohibited by applicable Law, rule or regulation or agreement with any governmental authority after giving effect to the applicable anti-assignment provisions of the Uniform Commercial Code; (v) Equity Interests in any Person other than wholly-owned Subsidiaries to the extent not permitted by the terms of such Person’s Organization Documents, shareholder agreement or JV Entity documents after giving effect to the applicable anti-assignment provisions of the Uniform Commercial Code other than proceeds thereof; (vi) any lease, license or other agreement or contract or any property subject to a purchase money security interest or similar arrangement to the extent that a grant of a security interest therein would violate or invalidate such lease, license or agreement or contract or purchase money arrangement or create a right of termination in favor of any other party thereto (other than Holdings, the Borrower or any of its Subsidiaries) after giving effect to the applicable anti-assignment provisions of the Uniform Commercial Code or other similar applicable Law, other than proceeds thereof; (vii) any governmental licenses (but not the proceeds thereof) or state or local franchises, charters and authorizations and any other property or asset the grant or perfection of a security interest in which would require governmental consent, to the extent security interests in such licenses, franchises, charters or authorizations, properties or assets are prohibited or restricted thereby after giving effect to the applicable anti-assignment provisions of the Uniform Commercial Code other than proceeds thereof, the assignment of which is expressly deemed 32
Excess Cash Flow Threshold means $1,000,000.
Excess Cash Flow Threshold means $5,000,000.
Excess Cash Flow Threshold means $20,000,000. “Exchange Act” means the Securities Exchange Act of 1934.
Excess Cash Flow Threshold shall have the meaning specified in the Supplemental Bridge Letter. “FATCA” means Sections 1471 through 1474 of the Code, as of the date of this Note (or any amended or successor version that is substantively comparable and not materially more onerous to comply with), any current or future regulations or official interpretations thereof, any agreements entered into pursuant to Section 1471(b)(1) of the Code and any fiscal or regulatory legislation, rules or practices adopted pursuant to, any intergovernmental agreement, treaty or convention among Governmental Authorities and implementing such Sections of the Code. “Federal Reserve Bank of New York’s Website” means the website of the Federal Reserve Bank of New York, currently at xxxx://xxx xxxxxxxxxx.xxx, or any successor source. “First Additional Bridge Funding Date” means the date of the First Additional Bridge Funding Event. “Holder” shall have the meaning specified in the introductory paragraph. “Interest Payment Due Date” shall have the meaning specified in Section 3(c). “Issuance Date” shall have the meaning specified in the preamble of this Note. “Law” means any law (including common law), constitution, statute, treaty, regulation, rule, ordinance, code, ruling, or order of, including the administration thereof by any Governmental Authority charged with the enforcement, interpretation or administration thereof, or any agreement with, any Governmental Authority. “Maturity Date” means, December 31, 2024. “Note Obligations Amount” means, as of any date of determination, an amount equal to the sum of (i) the Outstanding Principal Balance (or portion thereof, if applicable) as of the Close of Business on such date plus (ii) all accrued and unpaid interest on this Note (or portion thereof, if applicable) through, but excluding such date, which interest is not otherwise included in such Outstanding Principal Balance. “Note Purchase Agreement” shall mean the Note Purchase Agreement, dated as of December 10, 2021, by and among the Note Obligors, the Guarantors and the Investors party thereto, as amended by that certain Omnibus Amendment, dated as of December 21, 2022, that certain Second Omnibus Amendment, dated as of November 6, 2023, that certain Waiver Forbearance and Third Amendment, dated as of June 10, 2024, and that certain Fourth Amendment dated as of July 12, 2024.
Excess Cash Flow Threshold shall have the meaning specified in the Supplemental Bridge Letter. “FATCA” means Sections 1471 through 1474 of the Code, as of the date of this Note (or any amended or successor version that is substantively comparable and not materially more onerous to comply with), any current or future regulations or official interpretations
Excess Cash Flow Threshold means $15,000,000.