Excess Foreign Transfer definition

Excess Foreign Transfer means any Foreign Transfer if, after giving effect thereto, the aggregate amount of all Foreign Transfers made after the Restatement Effective Date shall be $75,000,000 or more. “Foreign Transfer” shall mean any sale, lease or other transfer (other than any Investment made solely with cash that is expressly permitted by Section 6.04) resulting in any asset of GrafTech, Finance or any other Domestic Subsidiary becoming an asset of Luxembourg Parent, Luxembourg Holdco, Swissco or any other Foreign Subsidiary (including in each case, for the avoidance of doubt, (a) any such transfer resulting from any assumption of Indebtedness, assets or liabilities or from any merger or consolidation and (b) any such transfer that would constitute an Investment in Luxembourg Parent, Luxembourg Holdco, Swissco or such other Foreign Subsidiary); provided that none of the following transactions shall be a Foreign Transfer:
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Excess Foreign Transfer means any Foreign Transfer if, after giving effect thereto, the aggregate amount of all Foreign Transfers made after the Effective Date shall be $50,000,000 or more. “Foreign Transfer” shall mean any sale, lease or other transfer (other than any Investment made solely with cash that is expressly permitted by Section 6.04) resulting in any asset of GrafTech, Finance or any other Domestic Subsidiary becoming an asset of Swissco or any other Foreign Subsidiary (including in each case, for the avoidance of doubt, (a) any such transfer resulting from any assumption of Indebtedness, assets or liabilities or from any merger or consolidation and (b) any such transfer that would constitute an Investment in Swissco or such other Foreign Subsidiary); provided that none of the following transactions shall be a Foreign Transfer:
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Examples of Excess Foreign Transfer in a sentence

  • Notwithstanding the foregoing, no transaction may be effected in reliance on any of paragraphs (a) through (k) above if such transaction would constitute or result in an Excess Foreign Transfer.

  • Notwithstanding the foregoing, no transaction may be effected in reliance on any of paragraphs (a) through (l) above if such transaction would result in an Excess Foreign Transfer.

  • Notwithstanding the foregoing, no transaction may be effected in reliance on any of paragraphs (a) through (i) above if such transaction would constitute or result in an Excess Foreign Transfer.

  • Notwithstanding the foregoing, (1) under no circumstances shall any Foreign Subsidiary own any of the Capital Stock of any Domestic Subsidiary and (2) no Investment shall be made if the making of such Investment would result in an Excess Foreign Transfer.

  • Notwithstanding the foregoing, no Indebtedness shall be incurred by Swissco if the incurrence of such Indebtedness would result in an Excess Foreign Transfer.

  • Notwithstanding the foregoing, no transaction may be effected in reliance on any of paragraphs (a) through (l) above if such transaction would constitute or result in an Excess Foreign Transfer.

  • Notwithstanding the foregoing, (1) the aggregate amount of Indebtedness of Subsidiaries that are not Guarantors (other than Swissco) shall not at any time exceed $50,000,000 for all such Subsidiaries in the aggregate and (2) no Indebtedness shall be incurred if the incurrence of such Indebtedness would result in an Excess Foreign Transfer.