Leakage Amount definition

Leakage Amount has the meaning given to that term in Clause 5.2;

Leakage Amount means an amount in cash equal to the cash amount or equivalent value of the relevant Leakage;

Leakage Amount has the meaning set forth in Section 2.7(b).

Examples of Leakage Amount in a sentence

• VE shall make reasonably available to VI all relevant books, records and other supporting information reasonably required for VI’s review of the Leakage Amount upon reasonable advance notice and during normal business hours.

• The Leakage Amount shall be deemed to be equal to (i) the amount of Leakage during or for the Locked Box Period, whether payable during or after the Locked Box Period, less (ii) the Leakage Tax Benefit Amount.

• If VE and VI are unable to reach agreement prior to the fifth (5th) Business Day prior to the anticipated Closing Date with respect to the Leakage Amount or the Leakage Tax Benefit Amount, all unresolved disputed items shall be promptly submitted to the respective chief executive officers of VI and VE, who will cooperate in good faith, and any reasonable good faith joint determination agreed between the respective chief executive officers will be final and binding.

• In the event that either Nova I or Nova II objects to any such estimate of a Leakage Amount, then Nova I, Nova II, Newco and Constellation OP agree to negotiate and resolve such dispute in good faith prior to the Closing to determine a new Leakage Amount for Nova I or Nova II, as applicable; provided, however, that Newco’s original estimate shall become the final Leakage Amount for Nova I or Nova II, as applicable, if such dispute is not resolved by the Closing.

• The fees and disbursements of the Leakage Accounting Firm shall be borne by VI, it being agreed that fifty percent (50%) of such fees or disbursements shall be included in the Leakage Amount.

More Definitions of Leakage Amount

Leakage Amount means, with respect to any Company Leakage, the aggregate amount of such Company Leakage, less the amount equal to any Tax benefit for the Company or the relevant Subsidiary (if any) attributable to such Company Leakage but only to the extent such Tax benefit is realized in the year such Company Leakage is incurred or the year following the year in which such Company Leakage is incurred.

Leakage Amount means, with respect to each of Nova I and Nova II, the amount by which the dividends or other distributions paid by it during the Measurement Period (which shall exclude any Extraordinary Dividends, the Permitted Nova I Excluded Asset Distribution (with respect to Nova I only), the Distributing Party Special Dividend and the dividend payment made on July 1, 2017, but shall include any other dividends or other distributions paid in accordance with Section 3.02) exceeds its FFO during the Measurement Period.

Leakage Amount in relation to any Leakage, means the aggregate of the following to the extent that they constitute such Leakage:

Leakage Amount means the Leakage minus the Leakage Tax Benefit;

Leakage Amount means, without duplication, the aggregate amount of payments made, value transferred or liabilities assumed, directly or indirectly, by the Company or any of its Subsidiaries, whether in cash, cash equivalents or other assets or properties to, on behalf of, or for the benefit of, Seller or any Related Party of Seller, during the period from (but including) the date of the Latest Balance Sheet to (and including) the Closing Date, including, without duplication (and in each case directly or indirectly, but for the avoidance of doubt in each case excluding any Permitted Leakage Amount):

Leakage Amount means any of the following to the extent occurring in or attributable to the period commencing on the Effective Date and ending on Completion:

Leakage Amount means the amount in respect of any Leakage which has accrued or been paid, incurred, assumed, indemnified, waived or committed by any Group Company between the Balance Sheet Date and the Closing Date.