Excess Proceeds Amount means as specified in Section 2.7(a).
Excess Proceeds Amount shall initially be $0, which amount shall be (i) increased (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)(f) (each such date being an "Excess Cash Payment Date"), so long as any prepayment required pursuant to subsection 2.4B(iii)(e) has been made, by an 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, so long as any prepayment required pursuant to subsection 2.4B(iii)(d) has been made, by an amount equal to such Net Equity Proceeds which are not so prepaid, and (ii) reduced (a) on each Excess Cash Payment Date where Consolidated Excess Cash Flow ------- for the immediately preceding Fiscal Year is a negative number, by such amount, (b) at the time any Consolidated Capital Expenditure is made pursuant to subsection 7.8B, by the amount of such expenditure, (c) at the time any intercompany loan is made pursuant to the second proviso to subsection 7.1(v), by the principal amount of such loan, (d) at the time any Investment is made pursuant to subsection 7.3(xiv), by the amount of such Investment, (e) at the time any Cumulative Preferred Stock is redeemed pursuant to subsection 7.5(xi), by the amount of any proceeds expended in connection with such redemption, (f) at the time any cash dividend is paid with respect to Cumulative Preferred Stock pursuant to subsection 7.5(xii), by the amount of such dividend, (g) at the time any cash dividend is paid with respect to Holdings Common Stock pursuant to subsection 7.5(xiii), by the amount of such cash dividend, (h) at the time any Permitted Company Cumulative Preferred Stock is redeemed pursuant to subsection 7.5(xv), by the amount of any proceeds expended in connection with such redemption, (i) at the time any cash dividend is paid with respect to Permitted Company Cumulative Preferred Stock pursuant to subsection 7.5(xvi), by the amount of such dividend and (j) at the time any acquisition is made pursuant to subsection 7.7(xviii), by the amount of cash proceeds expended in connection with such acquisition, it being understood that the Excess Proceeds Amount may be reduced to an amount below $0 after giving effect to the reductions enumerated in clause (ii)(a) above.
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).
Examples of Excess Proceeds Amount in a sentence
Solely for purposes of calculating the Excess Proceeds Amount in U.S. dollars, the Aggregate Issue Price shall be converted from euro into U.S. dollars by applying the exchange rate in effect on the business day preceding the Closing Date.
Upon completion of such Excess Proceeds Offer, the Floating Rate Notes Excess Proceeds Amount shall be deemed to be zero.
The Representatives, on behalf of the several Underwriters, shall cause payment of the Excess Proceeds Amount to the account designated by the Company for the New Shares at the Closing Date.
The Corporation may defer the Asset Sale Offer until the aggregate unutilized Excess Proceeds Amount equals or exceeds $5 million resulting from one or more Asset Sales (at which time, the entire unutilized Excess Proceeds Amount, and not just the amount in excess of $5 million, will be applied as required pursuant to this paragraph).
If the aggregate principal amount, as so computed, of Floating Rate Notes validly tendered and not withdrawn by holders thereof exceeds the Floating Rate Notes Excess Proceeds Amount, the Floating Rate Notes to be purchased will be selected on a pro rata basis (based upon the principal amount, as so computed, of Floating Rate Notes tendered by each Lender).
More Definitions of Excess Proceeds Amount
Excess Proceeds Amount has the meaning set out in Section 6.12(1)(iv).
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.
Excess Proceeds Amount means $0 as of the Restatement Effective Date, which amount shall be (i) increased on the date of delivery in any Fiscal Year of an Officer's Certificate setting forth the calculation of the Adjusted Consolidated Excess Cash Flow for the preceding Fiscal Year pursuant to subsection 2.4B(iii)(f) (each such date being an "Excess Cash Payment Date"), so long as any prepayment required pursuant to subsection 2.4B(iii)(d) has been made, by an amount equal to the remainder of (x) Consolidated Excess Cash Flow for such Fiscal Year less (y) the sum of (I) the aggregate principal amount of prepayments of Loans pursuant to Section 2.4B(i) to the extent (and only to the extent) not funded with Net Common Equity Proceeds, Net Insurance/Condemnation Proceeds or Net Asset Sale Proceeds (but in the case of a voluntary prepayment of Revolving Loans or Swing Line Loans, only to the extent accompanied by a permanent reduction to the Revolving Loan Commitments) during such period plus (II) the aggregate principal amount of Loans repaid pursuant to subsection 2.4B(iii)(d) on the respective Excess Cash Payment Date and (ii) reduced (a) to $0 on the close of business on the Business Day immediately preceding each succeeding Excess Cash Payment Date, (b) at the time any Consolidated Capital Expenditure is made pursuant to subsection 7.8B, by the amount of such expenditure and (c) at any time that any repurchase of Senior Subordinated Notes and/or Permitted Additional Subordinated Indebtedness is made pursuant to subsection 7.5(iii) (to the extent repurchased in reliance on sub-clause (x) thereof), by the amount of cash proceeds expended in connection with such repurchase.
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 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 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, 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).