Net Operating Capital definition

Net Operating Capital has the meaning set forth in Section 2.5(a)(iii).
Sample 1Sample 2
Net Operating Capital means cash and cash equivalents, including restricted cash that provides credit support described in Section 6.14(c), plus (subject to Section 2.5(g)) current accounts receivable (but excluding prepayments for which the Purchaser would not get the benefit) of any Acquired Company other than a Project Operating Company from Persons other than Seller Parent or a Subsidiary thereof or a Project Operating Company, minus current accounts payable, accrued liabilities and provisions (including in respect of interest) of such Acquired Company to Persons other than Seller Parent or a Subsidiary thereof that is not Project Operating Company, but excluding therefrom (A) any Taxes (which are governed by Article VII and Section 11.5) and (B) the Owner Notes. Net Operating Capital shall be based solely upon the internal records of, and valuation and accounting methods customarily used by, the Sellers, absent manifest error.
Sample 1Sample 2
Net Operating Capital means the net operating capital of the PEO Business as of the Closing Date calculated, in accordance with Philips internal accounting principles, by adding (a) fixed assets, (b) net inventories, (c) trade accounts receivable, and (d) other assets and subtracting (e) non-interest bearing liabilities.
Sample 1Sample 2

Examples of Net Operating Capital in a sentence

  • If FEI's accountants do not agree with KPMG's calculation then FEI shall inform PIE in writing ("FEI's Objection") setting forth a description in reasonable detail of the basis for such disagreement and the adjustments FEI believes should be made to the Net Operating Capital, on or before the last day of such 30-day period.

  • PIE shall then have 30 days to review and respond to FEI's Objection and PIE shall not be limited to addressing FEI's Objection, but shall have the right to raise any aspects of the Net Operating Capital calculation that PIE believes are relevant to understanding such calculation.

  • For the avoidance of doubt, any adjustment to an unadjusted Purchase Price pursuant to Section 2.5(a)(iii) arising from the amount of Net Operating Capital on the Closing Date shall not require or result in any change in a Project Purchase Price allocation.

  • Set forth in Schedule 4.6 is a copy of (a) the audited combined statement of net operating capital of the Business at December 31, 2005 (the “Audited Net Operating Capital Statement”) and (b) the audited combined statement of earnings before interest and tax for the year ended December 31, 2005 (the “Audited EBIT Statement” and, together with the Audited Net Operating Capital Statement, the “Audited Financial Statements”).

  • The determination of the Special Accountants shall be in writing, shall include a calculation of the apportionment of the fees, costs and expenses of the Special Accountants, shall be conclusive, non-appealable and binding upon the parties to this Agreement for all purposes, and shall be deemed to have modified the Closing Net Operating Capital Statement.

  • For purposes of this Section 2.07(c), Net Operating Capital shall be deemed, for all purposes, to be $1,000,000 unless the Net Operating Capital as finally agreed or determined pursuant to this Section 2.07 is less than $900,000, in which case Net Operating Capital shall be the amount of Net Operating Capital as so finally agreed or determined.

  • Loewen shall deliver sxxx xxlance sheet and Net Operating Capital calculation to BCP and Holdings, together with a certificate of the Chief Financial Officer of LGII to the effect that, to the best of their knowledge after due inquiry, such balance sheet and calculation are true and correct and have been prepared in a manner consistent with the Audited Financials.

  • The second note shall be for a principal amount equal to the difference between the Closing Net Operating Capital and NLG 81.1 million and shall bear simple interest at the rate of 4%, payable monthly in arrears; provided, however, that the principal amount of such second note shall be no greater than NLG 3 million.

  • The parties agree that the procedures established by this Section 2.07(b) shall constitute the exclusive procedures for resolving disagreements as to the values reflected on Closing Net Operating Capital Statement.

  • The portion of the Net Operating Capital, if any, as to which the parties are unable to agree upon after thirty (30) days shall be referred for resolution to a nationally recognized accounting firm, mutually and reasonably acceptable to both parties.


More Definitions of Net Operating Capital

Net Operating Capital means as of any date, the difference between (a) the sum of (i) Total Receivables (comprised of short term and long term Customers Accounts Receivables, less the Allowance for Sales Cancellations, Allowance for Doubtful Accounts and Endowment Care Charges, plus Due from Endowment Care Fund and Other Receivables but excluding any Accounts Receivable from (A) Roses, Inc. or any of its Affiliates, (B) any affiliates of the Seller, (C) Xxxxxx & Xxxxxxx, and (D) the International Buddhist Protective Society) and (ii) Inventories - Interment, Funeral and Other and (b) the sum of (x) Accounts Payable, (y) Accrued Expenses but excluding any deferred income from Xxxxxx & Xxxxxxx and any accrual for income taxes, and (z) Due to Endowment Care Fund, as reflected on the balance sheet of Seller.
Sample 1
Net Operating Capital means cash and cash equivalents, plus current accounts receivable of such Controlled Acquired Company from Persons other than EME or a Wholly-Owned Subsidiary thereof, minus current accounts payable and current accrued liabilities of such Controlled Acquired Company to Persons other than EME or a Wholly-Owned Subsidiary thereof (provided that, for the avoidance of doubt, “current accrued liabilities” shall include unpaid interest and preferred dividends accrued on the Pacific Holdings Leverage Amount to the Project Closing as if the Project Closing Date was the date of payment of such amounts), but excluding from any such current accounts receivable or payable or accrued liabilities, Taxes (which are governed by Article VII and Section 11.5); provided, however, “Net Operating Capital” does not include any assets and liabilities from price risk management activities determined in accordance with Statement of Financial Accounting Standards No. 133, “Accounting for Derivatives Instruments and Hedging Activities” and shall be based solely upon the internal records of, and the valuation and accounting methods customarily used by, the Sellers, absent manifest error, it being understood that under no circumstances shall an audit be required as between the Sellers and the Purchaser Parties. In no event will any adjustment for Net Operating Capital reflect any economic value of the Contact Shares, but will reflect only the economic value of the cash, cash equivalents, current accounts receivable and payable, and current liabilities of the Controlled Acquired Companies.
Sample 1
Net Operating Capital means Current Assets minus Current Liabilities; provided, however, that if Current Assets minus Current Liabilities as reflected on the Final Balance Sheet is at least $900,000, then Net Operating Capital shall be deemed to be $1,000,000.
Sample 1
Net Operating Capital means current assets plus long term accounts receivable less current accounts payable and current accrued liabilities (but excluding current portion of long-term debt and taxes payable). As promptly as practicable but no later than 30 days after the Closing Date, Loewen shall cause to xx xxxpared a balance sheet for the Subsidiaries as of the Closing Date which shall be used as the basis for calculating Net Operating Capital as of the Closing Date. Loewen shall deliver sxxx xxlance sheet and Net Operating Capital calculation to BCP and Holdings, together with a certificate of the Chief Financial Officer of LGII to the effect that, to the best of their knowledge after due inquiry, such balance sheet and calculation are true and correct and have been prepared in a manner consistent with the Audited Financials. As promptly as practicable but no later than 30 days after the Closing Date, LGII shall pay to Holdings the amount, if any, by which aggregate Net Operating Capital for all of the Subsidiaries on the Closing Date is less than $2.1 million. In the event of a disagreement concerning the Net Operating Capital, each party shall make available to the other such books and records as are relevant to such disagreement and are in the possession of such party, and the parties shall work together in good faith to resolve such disagreement. The portion of the Net Operating Capital, if any, as to which the parties are unable to agree upon after thirty (30) days shall be referred for resolution to a nationally recognized accounting firm, mutually and reasonably acceptable to both parties. The determination of such third party, whose costs and expenses shall be borne equally by the parties, shall be final and determinative. Upon such determination, Loewen shall make any xxxxxxonal payment required to be made within two (2) days of such determination.
Sample 1

Related to Net Operating Capital

  • Net Operating Cash Flow means the net cash flow to the Partnership resulting from ownership and operation of the Partnership Property, plus any other items of income received in cash by the Partnership less (i) all debts and expenses paid in the operation of the Partnership, (ii) any reserves which the General Partners deem reasonably necessary for the operation of the Partnership or for the satisfaction of obligations of the Partnership pursuant to Section 8.6, and (iii) all proceeds which are (A) received by the Partnership from the Transfer of Partnership Property, and (B) used to purchase or reserved, as determined by the General Partners in furtherance of their fiduciary duties hereunder and under the Act, for the purchase of other Partnership Property.

  • Net Working Capital means, at any time, Consolidated Current Assets at such time minus Consolidated Current Liabilities at such time.

  • Working Capital means, with respect to the Borrower and the Subsidiaries on a consolidated basis at any date of determination, Current Assets at such date of determination minus Current Liabilities at such date of determination; provided, that, for purposes of calculating Excess Cash Flow, increases or decreases in Working Capital shall be calculated without regard to any changes in Current Assets or Current Liabilities as a result of (a) any reclassification in accordance with GAAP of assets or liabilities, as applicable, between current and noncurrent or (b) the effects of purchase accounting.

  • Target Working Capital means $0.

  • Consolidated Working Capital means, as at any date of determination, the excess of Current Assets over Current Liabilities.

  • Target Net Working Capital means $0.

  • Estimated Net Working Capital has the meaning set forth in Section 2.3(a).

  • Consolidated Net Working Capital means (a) all current assets of the Company and its Restricted Subsidiaries except current assets from Oil and Gas Hedging Contracts, less (b) all current liabilities of the Company and its Restricted Subsidiaries, except (i) current liabilities included in Indebtedness, (ii) current liabilities associated with asset retirement obligations relating to oil and gas properties and (iii) any current liabilities from Oil and Gas Hedging Contracts, in each case as set forth in the consolidated financial statements of the Company prepared in accordance with GAAP (excluding any adjustments made pursuant to FASB ASC 815).

  • Working Capital Reserve means a cash reserve held in the Operating Account that is readily available to Manager during the Term to finance the services, repairs and maintenance described in Section 5.2 including Minor Capital Expenditures and Major Capital Expenditures, insurance premiums for the Property described in Section 9.1, and utilities for the Property, in such amounts as determined by the Owner in its sole discretion.

  • Actual Working Capital has the meaning set forth in Section 2.7(a).

  • Final Net Working Capital shall have the meaning set forth in Section 2.3(b)(ii).

  • Base Working Capital means $25,000,000.

  • Final Working Capital has the meaning set forth in Section 2.04(b).

  • Adjusted Working Capital means the remainder of (a) the consolidated current assets of the Obligors minus the amount of cash and cash equivalents included in such consolidated current assets, minus (b) the consolidated current liabilities of the Obligors minus the amount of consolidated short-term Debt (including current maturities of long-term Debt) of the Obligors included in such consolidated current liabilities.

  • Closing Net Working Capital has the meaning set forth in Section 2.6(a).

  • Closing Working Capital means: (a) the Current Assets of the Company, less (b) the Current Liabilities of the Company, determined as of the open of business on the Closing Date.

  • Operating Cash Flow means the Company’s or a business unit’s sum of Net Income plus depreciation and amortization less capital expenditures plus changes in working capital comprised of accounts receivable, inventories, other current assets, trade accounts payable, accrued expenses, product warranty, advance payments from customers and long-term accrued expenses, determined in accordance with generally acceptable accounting principles.

  • Estimated Working Capital has the meaning set forth in Section 2.3(a).

  • Net Working Capital Target means $0.00.

  • Net Operating Income With respect to any Mortgaged Property, for any Mortgagor’s fiscal year end, Net Operating Income will be calculated in accordance with the standard definition of “Net Operating Income” approved from time to time endorsed and put forth by CREFC®.

  • Working Capital Assets has the meaning as set forth in the Recitals of this Agreement.

  • Adjusted Operating Cash Flow means the net cash provided by operating activities of the Company as reported in the Company’s consolidated statements of cash flows included in its Annual Report on Form 10-K, adjusted to eliminate the effect on operating cash flows of net customer financing cash flows, as reported in the Company’s consolidated statements of cash flows included in its Annual Report on Form 10-K.

  • Estimated Closing Net Working Capital has the meaning set forth in Section 2.6(a).

  • Closing Date Working Capital has the meaning specified in Section 2.3(b).

  • Working Capital Target means $0.

  • Consolidated Working Capital Adjustment means, for any period of determination on a consolidated basis, the amount (which may be a negative number) by which Consolidated Working Capital as of the beginning of such period exceeds (or is less than) Consolidated Working Capital as of the end of such period.