Excess Cash Proceeds shall have the meaning provided in Section 11.4(b).
Excess Cash Proceeds means Net Cash Proceeds from Permitted Real Estate Sales minus the cumulative amount of Adjusted Incurred Real Estate Costs incurred from October 2, 2004 through the last day of the fiscal quarter in which any such Permitted Real Estate Sale was consummated. For purposes of clarification, “Excess Cash Proceeds” will be determined on a quarterly basis beginning with the fiscal quarter ending October 29, 2004.
Excess Cash Proceeds has the meaning assigned to such term in Section 9.12(h).
Examples of Excess Cash Proceeds in a sentence
From time to time other solicitors, such as Mrs Parmar, Mr Cooper or Mr Raindi might also ask the Claimant to do work for them.
ALCO has demonstrated to the satisfaction of Xxxxxxxxx that there will be no Excess Cash Proceeds resulting from the Transaction and has requested that Xxxxxxxxx confirm that he has no right to be paid the Development Fee in connection with the Transaction and that he is releasing ALCO from any and all liability with respect thereto.
All Excess Cash Proceeds arising out of an Excess Cash Proceeds Event, which does not cause or is not in connection with the dissolution, or termination of the Partnership, shall be distributed to the Partners within ninety (90) days after the receipt thereof.
The next Excess Cash Proceeds Event occurs on January 1, 1997 when the Partnership refinances the Premises for $25,000,000 and when the fair market value thereof is $33,000,000.
If there are Excess Cash Proceeds of $1,500,000 in connection with the refinancing, then the entire $1,500,000 will be distributed to Telco pursuant to clause (1) of Section 4.2-C.
More Definitions of Excess Cash Proceeds
Excess Cash Proceeds means all Available Cash Proceeds generated by Asset Sales that are not Primary Cash Proceeds. Exemption Agreement - see Section 7.6(b). Exemption Representation - see Section 7.6(c). Existing Agreement - see the recitals.
Excess Cash Proceeds means (i) with respect to an Equity Issuance or Indebtedness Incurred by the Company to repay, refinance, repurchase or redeem the Floating Rate Notes in their entirety, the cash proceeds of such Equity Issuance or Incurrence of Indebtedness net of (a) principal, interest and other amounts required to repay, refinance, repurchase or redeem the Floating Rate Notes in their entirety and (b) legal, accounting, underwriting or private placement agent fees, discounts or commissions, title and recording tax expenses and other fees and expenses, and all Federal, state, provincial, foreign and local taxes required to be paid or accrued as a liability under GAAP (after taking into account any available tax credits or deductions and any tax sharing agreements) as a consequence of such Equity Issuance or Incurrence of Indebtedness; and (ii) with respect to an Equity Issuance or Senior Subordinated Indebtedness or Subordinated Obligations Incurred by the Company pursuant to the first paragraph of Section 3.2 or clause (14) of the second paragraph of Section 3.2 after the Floating Rate Notes are no longer outstanding, the cash proceeds of such Equity Issuance or Senior Subordinated Indebtedness or Subordinated Obligations net of legal, accounting, underwriting or private placement agent fees, discounts or commissions, title and recording tax expenses and other fees and expenses, and all Federal, state, provincial, foreign and local taxes required to be paid or accrued as a liability under GAAP (after taking into account any available tax credits or deductions and any tax sharing agreements) as a consequence of such Equity Issuance or Incurrence of Senior Subordinated Indebtedness or Subordinated Obligations. For the avoidance of doubt, if the Company receives Excess Cash Proceeds from a concurrent Equity Issuance and Incurrence of Senior Subordinated Indebtedness or Subordinated Obligations, the Excess Cash Proceeds shall be calculated by aggregating the cash proceeds of such Equity Issuance and Incurrence of Indebtedness and subtracting the aggregate amounts described above.
Excess Cash Proceeds means, for any Fiscal Year of the Borrower, the excess (if any) of (a) the sum of (i) Consolidated EBITDA for such Fiscal Year and (ii) any Extraordinary Receipts actually received by the Borrower or its Subsidiaries during such Fiscal Year over (b) the sum (for such Fiscal Year) of (i) Consolidated Interest Charges actually paid in cash by the Borrower and its Subsidiaries, (ii) all income taxes actually paid in cash by the Borrower and its Subsidiaries and (iii) Capital Expenditures actually made by the Borrower and its Subsidiaries in such Fiscal Year.
Excess Cash Proceeds as used above shall mean the Operating Borrower’s aggregate cash proceeds received during any two (2) week period noted less the Operating Borrowers’ aggregate expenses reflected on the Budget and actually paid during such period.
Excess Cash Proceeds. , "Final True Up Event", "Financing Agreements", Principal Benefited Obligations", and "Scheduled Sales" are replaced, respectively, in their entirety with the following: Collateral Document means each of the documents referred to on Schedule II and any other document or instrument pursuant to which any Debtor grants to the Collateral Agent or any Benefited Party a Lien on any property to secure any of the Benefited Obligations, and as each may be amended from time to time in accordance with its terms. Credit Agreement Commitment means, initially, the $200,000,000 Commitment under the Credit Agreement, and as reduced thereafter by the application of Interim Proceeds distributed to the Lenders, and as voluntarily reduced by the Company from time to time, and as reduced by the Company pursuant to Section 2.4.2(a) of the Credit Agreement.
Excess Cash Proceeds means for any fiscal year, commencing with the fiscal year ended on or about December 31, 2002 (or for any other period for which "Excess Cash Flow" (as defined in the Financing Agreements) gives rise to a prepayment obligation under the Financing Agreements), an amount equal to "Excess Cash Flow" (to the extent required to be applied to such payments) with respect to such fiscal year (or such applicable period) as determined pursuant to the Financing Agreements. Final True Up Event means (a) the commencement of a Bankruptcy Proceeding with respect to the Company; (b) the repayment in full of all Principal Benefited Obligations of (i) the Lenders in conjunction with a termination or a reduction to zero of the Credit Agreement Commitment, (ii) the Shelf Noteholders, or (iii) the Senior Noteholders; (c) the refinancing of the Credit Agreement Obligations or the Senior Note Obligations or the Shelf Obligations; (d) the Credit Agreement Commitment is no longer available to the Company or has been terminated; or (e) the acceleration of the Credit Agreement Obligations, the Senior Note Obligations or the Shelf Obligations has occurred.
Excess Cash Proceeds. This term shall mean (i) with respect to any financing or refinancing (other than the BNE Financing or the TIAA Financing) affecting the Premises (or any portion thereof), the net amount of cash realized by the Partnership; and (ii) with respect to insurance proceeds from loss, to condemnation proceeds, and to proceeds from the Transfer of Partnership assets, the amount by which such proceeds exceed reserves for known liabilities incurred, and contingent liabilities arising out of the transaction giving rise to such proceeds, as reasonably determined by the General Partners, except that if the General Partners reasonably determine that any such reserve is no longer necessary, then such reserve shall be deemed Excess Cash Proceeds and shall be distributed as if included in Excess Cash Proceeds initially. "EXCESS CASH PROCEEDS EVENT" means an event of the type described in (i) or (ii) above, whether or not Excess Cash Proceeds are generated therefrom.