Net Available Cash Flow means with respect to any period, the cash receipts of the Company during such period from any and all sources, including cash proceeds from Capital Contributions, borrowings, and sales of property, less the portion thereof used during such period to pay (or establish reasonable reserves for) all Company expenses and obligations, debt payments, all costs of capital improvements, expansions and replacements, contingencies, and any other proper cash expenditure of the Company. All reserves for working capital, capital expenditures, future fixed or contingent obligations and other purposes shall be established and funded in such amounts as may be approved from time to time by the Manager subject to the Sole Member’s approval. “Net Available Cash Flow” shall not be reduced by depreciation, amortization or similar non-cash allowances. In no event shall “Net Available Cash Flow” exceed the amount by which the fair market value of the assets of the Company exceed all liabilities of the Company, other than interest or principal due with respect to Sole Member loans, to be determined in accordance with Section 29-706 of the Act.
Net Available Cash Flow means with respect to any period, the Company’s gross cash receipts derived from any source whatsoever (not including Capital Contributions and refundable deposits until no longer refundable), reduced by the portion thereof used to pay or establish reasonable reserves for all Company expenses, debt payments and accrued interest (including principal and interest payments on loans made to the Company by Members and non-Members), contingencies, and proposed acquisitions, as determined by the Management Committee. Net Available Cash Flow shall not be reduced by depreciation, amortization, cost recovery deductions, or similar allowances.
Net Available Cash Flow means all cash amounts received by the Sub-Lessee, including payments received under the Facilities Lease, reduced by the sum of (i) any payment required to be made pursuant to the Financing documents, and (ii) Operating Expenses.
Examples of Net Available Cash Flow in a sentence
For purposes of determining the Members’ proportionate shares of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752-3(a)(3), their respective interests in Member profits shall be in accordance with the percentages in which the Company’s Net Available Cash Flow would be distributed to the Members for such Fiscal Year or other taxable period pursuant to Section 6.1(c).
The Company shall be required to make distributions to Members sufficient to enable each Member to pay taxes on allocations to them of Net Available Cash Flow of the Company.
The Company shall distribute Net Available Cash Flow to Members at the sole discretion of the Manager.
Notwithstanding this Section 4.1, the Manager shall have the right to modify the distribution of Net Available Cash Flow with the prior written consent of a Majority in Interest of all the Members.
To the extent permitted by Regulations Section 1.704-2(h)(3), the Manager shall endeavor to treat distributions of Net Available Cash Flow or Net Capital Proceeds as having been made from the proceeds of a Nonrecourse Liability or a Member Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Interest Holder.
More Definitions of Net Available Cash Flow
Net Available Cash Flow shall not be reduced by depreciation, amortization, cost recovery deductions, or similar allowances.
Net Available Cash Flow means, with respect to any period, the Company’s gross cash receipts derived from any source whatsoever, excluding Capital Contributions, reduced by the portion thereof used to pay or establish reasonable reserves for all Company expenses, debt payments and accrued interest (including principal and interest payments on loans made to the Company by non-Members and by the Members), contingencies, and proposed acquisitions, as determined by the Management Board. “Net Available Cash Flow” shall not be reduced by depreciation, amortization, cost recovery deductions, or similar allowances.
Net Available Cash Flow with respect to each Lease Year, means the amount of funds available to be distributed to the Lessor with respect to such Lease Year in accordance with the provisions of Section 510(b) or (c) of the Indenture, which amounts are intended to be the annual surplus or net revenues of the Project, after the payment of all operating expenses and satisfaction of all debt service and the payment of subordinated expenses including, maintenance and operating reserves, repayment of the Lessor Direct Capital Cost Contribution and other requirements, as set forth in the Indenture. The Net Available Cash Flow shall be calculated and paid to the Lessor by the Trustee in accordance with the Indenture.
Net Available Cash Flow means, with respect to any period, the Company’s gross cash receipts derived from any source whatsoever, excluding Capital Contributions, reduced by the portion thereof used to pay or establish reasonable reserves for all Company operating expenses and capital expenses, debt payments and accrued interest (including principal and interest payments on loans made to the Company by non-Members, Members and Unit Holders), contingencies, as determined by the Manager.
Net Available Cash Flow means, for any period, the excess of gross cash receipts of [DVR] (exclusive of capital contributions to [DVR] and, except to the extent a Majority- in-Interest determines otherwise, proceeds received from any borrowings by [DVR]) over cash disbursements for: (i) all operating costs (excluding severance payments under a [MSA] between [DVR] and a former member of [DVR]); (ii) all principal and interest payments on debts (including member loans); (iii) all asset acquisition costs and capital costs necessary for the maintenance, repair, and improvement of [DVR]’s assets; and (iv) reasonable reserves, as determined by a Majority-in-Interest. Net Available Cash Flow will not be reduced by depreciation, cost recovery deductions, and other non-cash charges. Further, for purposes of calculating Net Available Cash Flow, the amount of compensation paid to other members of [DVR] under their respective Member Services Agreement will be equal to the compensation paid to such members as of the termination of Member’s engagement hereunder, regardless of whether the actual compensation paid to such members changes following Member’s termination date.[3]
Net Available Cash Flow for any Dividend Period shall mean the Corporation's net income (loss) before interest and taxes, as determined in accordance with generally accepted accounting principles, plus depreciation, amortization and other non-cash charges reducing net income, minus all payments of principal and interest on the Corporation's indebtedness, income taxes of the Corporation (calculated as if the Corporation filed all of its income tax returns on a stand-alone basis) and the amount expended by the Corporation for capital expenditures during the Dividend Period.
Net Available Cash Flow means, for any period, the Company's gross cash receipts derived from any source including, but not limited to, gross receipts from sales and licensing of the Products (excluding only the proceeds from the Sale of all or substantially all of the Company's assets), less the portion thereof used to pay or establish reasonable reserves for all Company expenses, debt and interest payments, asset acquisitions, capital improvements, expansions, repairs, replacements, contingencies, and any other proper cash expenditure of the Company as reasonably determined by a Majority of the Managers. "Net Available Cash Flow" will not be reduced by depreciation, amortization, cost recovery deductions or similar allowances. "Net Available Cash Flow" may not exceed the amount by which the fair value of the assets of the Company exceeds all liabilities of the Company, other than interest or principal due with respect to member loans, to be determined in accordance with Section 29-706 of the Act.