Excess Working Capital Amount definition

Excess Working Capital Amount means the excess of working capital (determined in accordance with GAAP) as of December 31, 2007 over $12.5 million, which has been paid to OMAM.

Excess Working Capital Amount has the meaning specified in Section 1.4(c).

Excess Working Capital Amount shall have the meaning set forth in Section 1.4(e).

Examples of Excess Working Capital Amount in a sentence

• The initial Capital Account balance of OMAM on December 31, 2007 was the sum of the Initial OMAM Capital Account Amount, plus (a) the Segregated Client Mandated Capital as of such date ($32,000,000), and (b) the Excess Working Capital Amount; and the initial Capital Account balance of the KELP on December 31, 2007 was $0.

• OMAM made an initial Capital Contribution to the Company on December 31, 2007 of $1,250,000,000, plus (a) the amount of Segregated Client Mandated Capital as of such date ($32,000,000) and (b) the Excess Working Capital Amount.

• Notwithstanding anything to the contrary herein, the aggregate payments by Buyer to the Members pursuant to this Section 1.4(f) shall not exceed the Excess Working Capital Amount.

• As of the date hereof, the Excess Working Capital Amount has been paid to OMAM.

• No termination or amendment of the Plan may, without the consent of the Participant to whom any Award shall theretofore have been granted under the Plan, materially adversely affect the right of such individual under such Award.

More Definitions of Excess Working Capital Amount

Excess Working Capital Amount is defined in the Contribution Agreement.

Excess Working Capital Amount has the meaning specified in SECTION 1.4(C).

Excess Working Capital Amount. SolarWinds shall, within three (3) Business Days after the Final Working Capital Amount is finally determined pursuant to this Section 3.2, pay to the Paying Agent for distribution to the N-able Equity Holders, in immediately available funds, the Excess Working Capital Amount with such amount to be paid to the N-able Equity Holders, in accordance with each N-able Equity Holder’s Pro Rata Share. If the Final Working Capital Amount is less than the Estimated Working Capital Amount (the amount by which the Estimated Working Capital Amount exceeds the Final Working Capital Amount being referred to herein as the “Working Capital Shortfall Amount”), the Equity Holder Representatives shall, within three (3) Business Days after the Final Working Capital Amount is finally determined pursuant to this Section 3.2, pay or cause to be paid to SolarWinds the Working Capital Shortfall Amount in immediately available funds out of the Escrow Fund established pursuant to Section 7.4, in accordance with each N-able Equity Holder’s Pro Rata Share as set forth in the Spreadsheet. In the event that the Equity Holder Representatives for any reason fail to make any payment contemplated above, then SolarWinds may bring an indemnification claim under Article VII. The obligations of the N-able Equity Holders under this Section 3.2 are not subject to the limitations set forth in Section 7.3 hereof.

Excess Working Capital Amount means the amount by which the Working Capital as reflected on the Closing Balance Sheet delivered at Closing exceeds $46,400,000.

Excess Working Capital Amount as defined in Section 1.9(a).

Excess Working Capital Amount shall have the meaning set forth in Section 2.8(g).

Excess Working Capital Amount means 50% of (i) the cash and cash equivalents of the Company as of immediately prior to the Effective Time, minus (ii) the sum of accounts payable, accrued expenses (including accrued management bonus), accrued commissions and accrued payroll of the Company as of immediately prior to the Effective Time, in each case, calculated in accordance with GAAP applied on a consistent basis with the Financials.