Excess Proceeds Amount means as specified in Section 2.7(a).
Excess Proceeds Amount shall initially be zero, which amount shall be (A) INCREASED (i) on each Excess Cash Payment Date (commencing with the Excess Cash Payment Date occurring 100 days after the fiscal year ending December 31, 1997) so long as any repayment required pursuant to Section 4.02(A)(f) has been made, by an amount equal to that portion of Excess Cash Flow for the immediately preceding Excess Cash Flow Period which is permitted to be retained pursuant to Section 4.02(A)(f), (ii) on the date of the receipt by Holdings of the proceeds from any equity issuance by Holdings which are permitted to be retained by Holdings pursuant to clause (y) of Section 4.02(A)(d), by the amount of such net proceeds which are permitted to be so retained and (iii) at the time any sale or liquidation of a Permitted Holdings Investment is made pursuant to Section 8.02(u), by the net cash proceeds thereof (to the extent not used to pay a dividend under Section 8.06(viii)) and (B) REDUCED (i) on each Excess Cash Payment Date (commencing with the Excess Cash Payment Date occurring 100 days after the fiscal year ending December 31, 1997) where Excess Cash Flow for the immediately preceding Excess Cash Flow Period is a negative number, by such amount, (ii) at the time any Capital Expenditure is made pursuant to Section 8.08(f) by the amount thereof, (iii) at the time any Permitted Acquisition is made, by the amount of Excess Proceeds expended in connection therewith and (iv) at the time when any investment is made pursuant to Section 8.05(w), by the amount of Excess Proceeds expended in connection therewith (it being understood that the Excess Proceeds Amount may be reduced to an amount below zero after giving effect to the reductions enumerated in clause (B) above).
Excess Proceeds Amount means an amount equal to the difference between (i) the sum of (a) on the date of delivery in any Fiscal Year of an Officer’s Certificate setting forth the calculation of Consolidated Excess Cash Flow for the preceding Fiscal Year pursuant to subsection 2.4B(iii)(g) (each such date being a “Excess Cash Payment Date”), so long as any prepayment required pursuant to subsection 2.4B(iii)(f) has been made, the amount equal to the amount of such Consolidated Excess Cash Flow which is not so prepaid, and (b) on the date of the receipt by Holdings of any Net Equity Proceeds or up to $25,000,000 of proceeds from the issuance of equity Securities of Holdings to Bxxx and the Other Investors after the Original Closing Date, so long as any prepayment required pursuant to subsection 2.4B(iii)(e) has been made, the amount equal to such Net Equity Proceeds and such other proceeds which are not so prepaid, minus (ii) the sum of (a) on each Excess Cash Payment Date where Consolidated Excess Cash Flow for the immediately preceding Fiscal Year is a negative number, such amount, (b) at the time any intercompany loan is made pursuant to the second proviso to subsection 7.1(v), the principal amount of such loan, and (c) at the time any Investment is made pursuant to subsection 7.3(xix), the amount of such Investment, it being understood that the Excess Proceeds Amount may be equal to an amount below $0 after giving effect to the reductions enumerated in clause (ii)(a) above.
Examples of Excess Proceeds Amount in a sentence
Notwithstanding anything contained herein to the contrary, Seller or Foundation may only be permitted to distribute the Estimated Excess Proceeds Amount, as adjusted by Section 2.6 (the “Excess Proceeds Amount”), as well as any earnings on such Excess Proceeds Amount, in accordance with the terms of the Purchase Price Adjustment Agreement.
The Contractor will be required to deliver Crates and Crate Dollies or Skates to the move site a minimum of five (5) working days prior to the scheduled move but no more than seven (7) working days prior to the move, unless requested in writing by the Authorized User.
Notwithstanding anything contained herein to the contrary, Seller’s obligation to pay indemnification claims under this Article 10 or otherwise make any payments under or related to this Agreement with cash or immediately available funds (but not including the Foundation Funds) shall be limited to the amount of any Excess Proceeds Amount.
Buyer or Seller may by notice to the other Party require the procedures in this Section 2.9 if Buyer or Seller determines that the calculation in this Section 2.9 would have an impact on any Excess Proceeds Amount.
Excess Proceeds Percentage means the amount expressed as a percentage equal to the Excess Proceeds Amount received by the Trust divided by the aggregate of the Early Redemption Amount, together with (to the extent not included in the Early Redemption Amount) accrued interest thereon, up to the date of the receipt of such Excess Proceeds Amount in respect of each Series of Covered Bonds.
More Definitions of Excess Proceeds Amount
Excess Proceeds Amount shall initially be $0, which amount shall be (A) increased on each Excess Cash Flow Payment Date so long as any repayment required pursuant to Section 4.02(g) has been made, by an amount equal to Adjusted Excess Cash Flow for the immediately preceding Excess Cash Flow Payment Period multiplied by a percentage equal to 100% minus the Applicable Excess Cash Flow Percentage as in effect for the respective Excess Cash Flow Payment Date, and (B) reduced (i) on each Excess Cash Flow Payment Date where Excess Cash Flow for the immediately preceding Excess Cash Flow Payment Period is a negative number, by such amount and (ii) at any time any Dividend is made or paid pursuant to Section 9.06(xiv), by the aggregate amount of cash expended to effect such Dividend (it being understood that the Excess Proceeds Amount may be reduced to an amount below zero after giving effect to the reductions enumerated in clause (B) above).
Excess Proceeds Amount has the meaning set out in Section 6.12(1)(iv).
Excess Proceeds Amount shall equal the amount (if any) by which the net proceeds received by the Borrower from the issuance of the Senior Subordinated Notes exceeds the Bridge Take-Out Amount.
Excess Proceeds Amount means Twenty-Five Million Dollars ($25,000,000); provided, however, for any Partial Liquidity Event consisting of the issuance of new equity for which the majority is issued to a new investor, “Excess Proceeds Amount” shall be Fifty Million Dollars ($50,000,000).
Excess Proceeds Amount shall initially be $0, which amount shall be (A) increased on each Excess Cash Payment Date so long as any repayment required --------- pursuant to Section 4.02(A)(f) has been made, by an amount equal to 25% of Excess Cash Flow for the immediately preceding Excess Cash Flow Period, and (B) reduced (i) on each Excess Cash Payment Date where Excess Cash Flow for the ------- immediately preceding Excess Cash Flow Period is a negative number, by such amount, (ii) at the time any Capital Expenditure is made pursuant to Section 8.08(f), by the amount thereof, and (iii) at the time any Permitted Acquisition is made, by the amount of Excess Proceeds expended in connection therewith (it being understood that the Excess Proceeds Amount may be reduced to an amount below zero after giving effect to the reductions enumerated in clause (B) above).
Excess Proceeds Amount means, at any time, the greater of (i) the excess, if any, of (A) the Gross Proceeds Amounts of all Asset Sales during the then current fiscal year over (B) 10% of Consolidated Total Assets as of the end of the prior fiscal year or (ii) the Gross Proceeds Amounts of all Assets Sales during the then current fiscal year multiplied by a fraction (x) the numerator of which is the excess, if any, of (A) the percentage of EBITDA attributable to the property and assets subject to such Asset Sales over (B) 15% of EBITDA for any of the three preceding fiscal years (beginning with the 1996 fiscal year) and (y) the denominator of which is the percentage of EBITDA for any of such three fiscal years attributable to the property and assets subject to such Asset Sales. In making any calculation pursuant to subclause (x) of clause (ii) of the preceding sentence, the fiscal year which results in the greatest excess shall be utilized, and the same such fiscal year shall be utilized for purposes of subclause (y) of said clause (ii).
Excess Proceeds Amount is defined in Section 8.8."