Examples of Net Cash Balance in a sentence
Promptly after any date on which the Net Cash Balance Test is not satisfied (a "Failure Date"), and to the extent such failure constitutes non-public material information the Company shall publicly disclose (on a Current Report on Form 6-K or otherwise) such material non-public information and provide to the Holder a certification as to the amount of the Net Cash Balance as of the Failure Date.
On the Announcement Date, the Company shall also provide to the Holders a certification, executed on behalf of the Company by the Chief Financial Officer of the Company, certifying that the Company satisfied the EBITDA Test and/or the Net Cash Balance Test, as applicable, at all times throughout such Fiscal Quarter.
The Company shall maintain a Net Cash Balance in excess of the applicable Reserved Amount (the “Net Cash Balance Test”).
In the event that the Audited Closing Net Cash Balance will be the basis for an adjustment in the number of Aggregate Base Consideration Shares pursuant to Section 3.7(e), then a copy of the Audited Signing Balance Sheet, the Audited Closing Balance Sheet, the Audited Signing Net Cash Balance and the Audited Closing Net Cash Balance shall be made available to the Stockholders' Representatives.
The Adjustment Amount Statement shall (i) with respect to the Net Cash Balance calculation and the Net Working Capital Shortfall calculation, be prepared in accordance with U.S. GAAP applied on a basis consistent with the preparation of the Financial Statements and (ii) be certified by a financial officer of the Company.