Free Cash Flows definition
Examples of Free Cash Flows in a sentence
With respect to any liability that is contingent, conditional or unmatured or is otherwise not yet due and payable, the Liquidator shall either settle such claim for such amount as it thinks appropriate or establish a reserve of Free Cash Flows or other assets to provide for its payment.
As compensation for services performed by the Asset Manager under this Agreement, and in consideration therefor, the Series will pay an annual asset management fee (the "Asset Management Fee") to the Asset Manager in respect of each fiscal year, equal to 15% of any Free Cash Flows available for distribution pursuant to Article VII of the Operating Agreement.
Unless Tyco delivers a Response Letter within two (2) Business Days following the conclusion of the FCF Review Period, the Delivering Party’s Statement of Free Cash Flows shall bind Tyco and the Delivering Party.
Following delivery of the Response Letter, Tyco and the Delivering Party shall in good faith attempt promptly to resolve any disagreement as to the computation of any item in the Delivering Party’s Statement of Free Cash Flows; provided, however, that any items in the Statement of Free Cash Flows that is not subject to disagreement in the Response Letter or any Disputed Item which is subsequently resolved by Tyco and the Delivering Party shall be deemed agreed to.
Subject to Section 6.03 and Article X, any Free Cash Flows after the creation of such reserves as the Managing Member deems necessary, in its sole discretion, shall be applied and distributed by way of distribution to the Members (pro rata to their Interests and which, for the avoidance of doubt, may include the Managing Member or its Affiliates).
Tyco shall complete its review of such Statement of Free Cash Flows within forty-five (45) days of delivery of the Statement of Free Cash Flows to Tyco (the “FCF Review Period”).
Any such distribution of Free Cash Flows of a Series will be after (a) repayment of any amounts outstanding under Operating Expenses Reimbursement Obligations including any accrued interest as there may be, (b) payment of the Management Fee, and (c) the creation of such reserves as the Managing Member deems necessary, in its sole and absolute discretion, to meet future Operating Expenses.
Subject to Section 7.03, Article XI and any Interest Designation, and prior to the liquidation, dissolution and/or termination of the Company and/or the applicable Series pursuant to Article XI, the Managing Member may, in its sole and absolute discretion, distribute any Free Cash Flows of each Series to the Members thereof on a pro rata basis in proportion to their Interests in such Series (which, for the avoidance of doubt, may include the Managing Member or its Affiliates).
Subject to the terms of any Series Designation (including, without limitation, the preferential rights, if any, of holders of any other class of Interests of the applicable Series), all property and all Free Cash Flows in excess of that required to discharge liabilities as provided in Section 11.3(b) shall be distributed to the holders of the Interests of the Series on an equal per Interest basis.
Free Cash Flows from capital transactions (sale or refinance of the Series Asset) or from dissolution and liquidation of the Series will be distributed as follows: • First, Class A Members shall ratably receive any accrued but unpaid Preferred Return.